State v. Etzel

Defendant was convicted of one count of burglary in the second degree, ORS 164.215, after he walked through the unlocked front door of the Albany Tennis Club (the club) and stole items from a purse that had been left in the women’s locker room. On appeal, defendant makes two assignments of error. First, he argues that the trial court erroneously denied his motion for a judgment of acquittal because the state failed to prove that the club was “not open to the public.” Second, defendant argues that the trial court plainly erred when it instructed the jury on the elements of the crime of…