State v. Taylor

Defendant appeals a judgment convicting him of first-degree burglary, ORS 164.225, assigning error to the trial court’s failure to acquit him of that crime. As relevant here, the first-degree burglary statute requires the state to establish that a defendant unlawfully entered a “dwelling,” as defined in ORS 164.205(2). In this case, defendant entered a mostly enclosed, roofed area between and connected to a house and a garage. Defendant contends that, because the area that he entered was a separate area outside the house, the state failed to establish that he entered a dwelling. For the…