State v. McDonald

Defendant appeals his conviction for burglary in the first degree, ORS 164.225, and revocation of probation on a different offense because of that conviction. He contends that the trial court erred (1) in admitting proof of a prior burglary conviction, (2) in admitting certain stipulated polygraph evidence, (3) in holding that there was sufficient evidence to prove that a particular travel trailer is a “dwelling” for the purpose of ORS 164.205 and (4) in instructing the jury that it could infer criminal intent from defendant’s unlawful presence in the trailer. We reverse.

The Feethams parked…