Legal Opinion

State v. Ramey

Court of Appeals of Oregon

Decided February 10, 1988No. B68-150; CA A42846PublishedCited by 5 opinions

1Opinion of the CourtNewman, J.

Under ORS 138.060(1), the state appeals a trial court order that dismissed its complaint against defendant insofar as it accuses him of criminal trespass in the first degree. ORS 164.255. The complaint charged that defendant

“on or about the 28th day of January, 1986, in the county aforesaid, did unlawfully and knowingly enter and remain in the dwelling located at 635 ‘E’ Street, #B, Springfield, Oregon.”

The parties stipulated that the court should make a pretrial determination of whether the place was a “dwelling” within the definition of ORS 164.205(2). The court heard evidence on the issue.…

2Cases cited2 opinions

  1. State v. McDonaldCourt of Appeals of Oregon · 1986
  2. State v. EatonCourt of Appeals of Oregon · 1979

3Cited by5 opinions

  1. State v. KautzCourt of Appeals of Oregon · 2002
  2. Jose Diaz-Flores v. Merrick GarlandCourt of Appeals for the Ninth Circuit · 2021
  3. State v. DavisCourt of Appeals of Oregon · 2016
  4. Houston v. Municipality of AnchorageCourt of Appeals of Alaska · 2002
  5. Diego Julio Mas Tambriz v. Warden, Mesa Verde ICE Detention FacilityDistrict Court, E.D. California · 2026

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