State v. Felt

Defendant appeals his conviction of first degree burglary. ORS 164.225. The issue is whether the state proved that defendant “unlawfully remained” in the victim’s home after he had received permission to enter. We affirm.

Defendant and the victim, Laura Stewart, lived together for six months. Stewart then moved out, but continued seeing defendant on a social basis. One evening, they went out for dinner and drinks. Afterward, defendant drove Stewart home. He dropped her off at her house and she went inside, alone. As she began getting ready for bed, defendant knocked on the door and asked to…