State v. Sjogren

364 Argued and submitted June 2, reversed and remanded July 14, 2021 STATE OF OREGON, Plaintiff-Respondent, v. JOHN ALAN SJOGREN, aka John A. Sjogren, Defendant-Appellant. Coos County Circuit Court 19CR51792; A172926

494 P3d 1040

Defendant was convicted of second-degree burglary, ORS 164.215, for steal- ing garbage from a covered garbage pit. He appeals, arguing that the trial court erred in concluding that the garbage pit was a “building” within the meaning of the statute and denying his motion for judgment of acquittal. The state argues that the pit is a “building” because the below-ground…