State v. Collins

Defendant appeals from his conviction for criminal trespass in the second degree, ORS 164.245, based on his alleged violation of a Drug Free Zone (DFZ) exclusion order. We conclude that defendant’s conduct, as proved at trial, did not constitute criminal trespass in that defendant did not “enter or remain unlawfully” in or upon premises within the meaning of ORS 164.205(3)(a) or (b). Consequently, we reverse defendant’s conviction.

The material facts are undisputed. In March 1998, defendant was arrested for both possession and delivery of a controlled substance in an area that the City of…