State v. Taylor

Defendant, indicted for first degree burglary, ORS 164.225, was convicted by a jury of second degree burglary, ORS 164.215. He appeals, assigning as error the failure of the court to give a requested instruction on the lesser included offense of second degree theft, ORS 164.045.

About 4 a.m. defendant was apprehended by the police in the laundry room of an apartment complex. He had coins in his possession that he had just removed from some coin-operated washing machines.

Defendant testified that he was passing through the city of Eugene when he saw the apartment complex and stopped, thinking he…