State v. Peña

Defendant was convicted of first-degree burglary and third-degree assault. On appeal, he argues that the trial court should have granted his motion for judgment of acquittal on the burglary charge because he could not have committed a burglary in his own home. We agree and reverse the judgment in part.

Because this appeal arises from the denial of defendant’s motion for a judgment of acquittal, we set out the facts in the light most favorable to the state. State v. Goddard, 178 Or App 538, 541, 37 P3d 1046, rev den 334 Or 121 (2002). Defendant and three other people leased a house together.…