State v. Jenkins

Defendant appeals his conviction for burglary in the first degree. ORS 164.225. He assigns error to the trial court’s denial of his motion for judgment of acquittal based on the insufficiency of the state’s evidence. He contends that the area behind a tavern’s bar is not a separate building within the tavern and, therefore, a charge of burglary cannot lie. We reverse the judgment of conviction for burglary in the first degree, remand for resentencing, and otherwise affirm

The facts are not disputed. On the morning of January 31,1997, defendant entered a tavern, which was open to the public.…