State v. Holte

Defendant was convicted of two counts of theft in the first degree, ORS 164.055, one count of theft in the second degree, ORS 164.045, five counts of a felon in possession of a firearm, ORS 166.270, one count of burglary in the first degree, ORS 164.225, and one count of unlawful entry into a motor vehicle, ORS 164.272. Defendant appeals only his conviction for burglary. He assigns error to the denial of his motion for judgment of acquittal. The issue is whether the state proved that defendant remained unlawfully in his landlord’s (Hale), bedroom when an agreement between the two expressly…