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STATE v. PITTMAN

050633697; A131212.

196 P.3d 1030 (2008)

223 Or. App. 596

STATE of Oregon, Plaintiff-Respondent, v. Anthony Earl PITTMAN, Defendant-Appellant.

Court of Appeals of Oregon.

Decided November 5, 2008.

Attorney(s) appearing for the Case

James N. Varner, Dundee, filed the brief for appellant.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Nick M. Kallstrom, Assistant Attorney General, filed the brief for respondent.

Before EDMONDS, Presiding Judge, and WOLLHEIM, Judge, and SERCOMBE, Judge.

SERCOMBE, J.

Defendant appeals a judgment of conviction for second-degree burglary, ORS 164.215, a crime that includes entering or remaining on premises "not open to the public" with the intent to commit a crime on those premises. He contends that the trial court erred in denying his motion for a judgment of acquittal because the evidence was insufficient to establish that he entered premises that were "not open to the public," as defined by ORS 164.205(3)(a). We...

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