State v. Klein

Defendant, who was convicted of first-degree criminal trespass, ORS 164.255, appeals, contending that the trial court erred in denying his motion for judgment of acquittal. He asserts that he did not unlawfully enter or remain in a dwelling as required for first-degree criminal trespass. As explained below, we agree that the trial court should have granted defendant’s motion for judgment of acquittal. Accordingly, we reverse.

In reviewing the denial of a motion for judgment of acquittal, we state the evidence in the light most favorable to the state. State v. Hall, 327 Or 568, 570, 966 P2d 208…