State v. Johnson

Defendant was convicted by a jury of first degree burglary. ORS 164.225. He was arrested by a police officer who was responding to a silent alarm set off at a Portland restaurant. The officer testified that defendant was inside the restaurant when he arrived. There were pry marks on the door of the restaurant, and a search of defendant revealed a screwdriver and chisel which the officer thought matched the marks. Defendant told the officer that his car had stalled and, while seeking help, he had seen someone running from the restaurant and had stopped to investigate. He claimed the tools had…