State v. Fairbanks

Defendant was charged in two cases with a total of six counts of second-degree criminal trespass. ORS 164.245. One of those charges — Count 3 in Case Number A133841— was based on an incident in which police found him sleeping in Colonel Summers Park in Portland, in violation of what the police believed to be an order excluding defendant from the park. At trial, defendant moved for a judgment of acquittal on the ground that the state had failed to prove that he was excluded from the park at the time of the incident. The trial court denied the motion, and defendant was found guilty on all six…