State v. Cole

*555Defendant appeals from a judgment of conviction for burglary in the first degree, ORS 164.225, assigning error to the denial of his motion for a judgment of acquittal.1 The state proceeded at trial on the theory that defendant unlawfully entered the apartment of his former girlfriend "with the intent to commit theft and/or criminal mischief therein." Because there is insufficient evidence for a rational trier of fact to find beyond a reasonable doubt that defendant entered the apartment with the intent to commit theft or criminal mischief, we reverse defendant's burglary conviction and remand…