State v. Litscher

Defendant appeals from a judgment of conviction for first-degree burglary, ORS 164.225, assigning error to the trial court’s denial of his motion for a judgment of acquittal. The conviction was based on evidence that defendant had unlawfully entered a home with the intention of violating a restraining order. Defendant argues that the evidence was legally insufficient to support a burglary conviction because the offense requires proof of entry into a building with the intention to commit a “crime” therein. According to defendant, under Oregon law, violating a restraining order constitutes…