State v. Davis

Defendant appeals from a judgment of conviction for multiple crimes, including burglary in the first degree, ORS 164.225 (Count 1). Defendant assigns error only to the trial court’s denial of his motion for judgment of acquittal on Count 1. That count charged defendant with committing first-degree burglary by unlawfully entering and remaining in a dwelling with the intent to commit criminal mischief. “Dwelling” is a statutorily defined term and, in defendant’s case, required the state to prove that the small boat that defendant entered was “regularly or intermittently *** occupied by a person…