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State v. Macon

Summarized by: 

Date Filed: 04-11-2012
Case #: A142646
Wollheim, J. for the Court; Schuman, P.J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A142646.pdf

Criminal Law: Under ORS 164.215(1), a storage room, separated from a store by a closed door, is a separate unit from the store that patrons do not have license to enter.

Defendant appealed a conviction for burglary in the second degree, for the theft of a lockbox containing checks, receipts and cash from a storage room at the back of a toy store. Under ORS 164.215(1), burglary in the second degree is defined as entering or remaining unlawfully in a building with intent to commit a crime therein. Defendant argued that his motion for acquittal in the trial court should have been sustained because the storage room was not a separate unit from the store, he had license to be in the store generally, and this license was not revoked by his criminal intent. The Court of Appeals held that, under ORS 164.215(1), the storage room was a separate unit under the burglary statute and Defendant did not have license to be in that separate unit. Affirmed.