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STATE v. McKOON

92C20906 and 92C21442; CA A78493 (Control) and CA A78494.

871 P.2d 127 (1994)

127 Or. App. 64

STATE of Oregon, Respondent, v. Jeffrey Allen McKOON, Appellant. STATE of Oregon, Respondent, v. Jeffrey A. McKOON, Appellant.

Court of Appeals of Oregon.

Decided March 23, 1994.

Attorney(s) appearing for the Case

Eric R. Johansen, Deputy Public Defender, argued the cause, for appellant. With him on the brief was Sally L. Avera, Public Defender.

Janet A. Klapstein, Asst. Atty. Gen., argued the cause, for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

ROSSMAN, Presiding Judge.

Defendant appeals his conviction of burglary in the first degree in case number CA A78493.1 ORS 164.225. The conviction was based on defendant having stolen approximately $40 worth of empty pop cans from the foyer area of a fraternity house at Willamette University. The issue is whether the fraternity house in this case is a "dwelling," which, under Oregon's burglary statutes, elevates the seriousness of the offense...

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