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STATE v. FULLER

36110; CA A32524.

698 P.2d 502 (1985)

73 Or.App. 306

STATE of Oregon, Respondent, v. Douglas Eugene FULLER, Appellant.

Court of Appeals of Oregon.

Decided April 17, 1985.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Linda R. Rodgers, Sp. Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

In this appeal from a conviction for burglary in the first degree, ORS 164.225, defendant, relying on what he contends is the state's failure to prove an essential element of the crime charged, requests this court to reverse and remand for entry of judgment for the lesser crime of burglary in the second degree.1 We affirm.

The indictment, charging burglary in the first degree, alleges that defendant, while in the...

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