State v. Rodriguez

Defendant took a firearm and other property from his parents’ locked bedroom in the house in which the three of them lived, and was convicted of first-degree burglary, ORS 164.225, first-degree theft, ORS 164.055, second-degree theft, ORS 164.045, and unlawful possession of a firearm, ORS 166.250.1 Defendant contends that the trial court erred in denying his motion for judgment of acquittal (MJOA) on the first-degree burglary charge.2 In defendant’s view, his parents’ locked bedroom is not a dwelling because it is not a separate unit or building from the rest of the house as those terms are…