State v. Webb

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 04-02-2014
  • Case #: A147650
  • Judge(s)/Court Below: Wollheim, J., for the Court; Duncan, P.J.; and Schuman, S.J.
  • Full Text Opinion

A structure is a "building" under ORS 164.205(1) if it has been adapted for carrying on a business.

Defendant was convicted of, inter alia, second-degree burglary of a tractor trailer used for storage, pursuant to ORS 164.215. Defendant appealed, assigning error to the trial court's denial of a judgment of acquittal, based on the argument that the State had failed to show sufficient evidence that the tractor trailer was a "building" under the statute. The Court of Appeals noted that, besides the ordinary meaning, "building" is defined in ORS 164.205(1) to include "any booth, vehicle, boat, aircraft or other structure adapted for carrying on business therein." The Court held that in the present case, the trailer had been modified for carrying on a business and was therefore a building based on the following factors: the trailer was not hooked to a tractor, had been stationary for 18 years, and was used for storage of inventory and business records, an integral component of the victim's retail business. Affirmed.

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