State v. Payton

*340*24Defendant appeals a judgment of conviction for one count of first-degree burglary, ORS 164.225,1 assigning error to the denial of his motion for judgment of acquittal. In defendant's view, there was insufficient evidence from which a rational trier of fact could find, as necessary to his burglary conviction, that he unlawfully remained in his niece's house or that he did so with intent to commit an assault. More specifically to the latter point, defendant asserts that, under State v. J. N. S. , 258 Or. App. 310, 318-19, 308 P.3d 1112 (2013), because he did not form the intent to commit the…