State v. Pittman

Defendant appeals a judgment of conviction for second-degree burglary, ORS 164.215, a crime that includes entering or remaining on premises “not open to the public” with the intent to commit a crime on those premises. He contends that the trial court erred in denying his motion for a judgment of acquittal because the evidence was insufficient to establish that he entered premises that were “not open to the public,” as defined by ORS 164.205(3)(a). We agree with defendant and, accordingly, reverse.

We view the record in the light most favorable to the state, giving it the benefit of all…