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STATE v. LITSCHER

CR030551DV, CR030564DV; A125753 (Control), A125754.

142 P.3d 549 (2006)

207 Or. App. 565

STATE of Oregon, Respondent, v. Kevin Duane LITSCHER, Appellant.

Court of Appeals of Oregon.

Decided September 6, 2006.

Attorney(s) appearing for the Case

Jason E. Thompson, Salem, argued the cause for appellant. On the brief were Carla M. French, Paul M. Ferder, Salem, and Ferder Casebeer & French LLP.

Janet Klapstein, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

LANDAU, P.J.

Defendant appeals from a judgment of conviction for first-degree burglary, ORS 164.225, assigning error to the trial court's denial of his motion for a judgment of acquittal. The conviction was based on evidence that defendant had unlawfully entered a home with the intention of violating a restraining order. Defendant argues that the evidence was legally insufficient to support a burglary conviction because the offense requires proof of entry into a building...

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