State v. Davis

Defendant appeals a judgment of conviction for three counts of second-degree burglary, ORS 164.215, and one count of identity theft, ORS 165.800. Defendant challenges two of his convictions for second-degree burglary (Counts 3 and 5), arguing that the trial court improperly denied his motion for judgment of acquittal (MJOA) on those counts, because the evidence for each count was insufficient to show that he “unlawfully entered” a “building,” as defined in ORS 164.205(3)(a) and (1), respectively. Defendant contends that he instead entered into public areas that could not be considered…