State v. Etzel

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Criminal Law
  • Date Filed: 08-13-2014
  • Case #: A151425
  • Judge(s)/Court Below: Garrett, J. for the Court; Ortega, P.J.; & DeVore, J.
  • Full Text Opinion

For the purposes of second-degree burglary, that a door is unlocked is not dispositive of the building not being a public space.

Defendant was convicted of second-degree burglary after entering an unlocked door of the Albany Tennis Club and stealing several items from a woman’s purse. On appeal, Defendant argued first that his motion for a judgment of acquittal should not have been denied because the state did not prove the club was not open to the public, and second that the trial court’s jury instructions were in error because of the definition given for to “enter or remain unlawfully.” The Court found a reasonable fact-finder could have determined the club was not open to the public as the only fact to support Defendant’s position was that the door was unlocked. The Court declined to address Defendant’s second assignment of error. Affirmed.

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