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STATE v. PIPKIN

CC 200904318; CA A142469; SC S059769.

316 P.3d 255 (2013)

354 Or. 513

STATE of Oregon, Respondent on Review, v. Bruce Lynn PIPKIN, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Resubmitted January 7, 2013.

Decided December 12, 2013.

Attorney(s) appearing for the Case

Susan Fair Drake, Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for petitioner on review. With her on the brief was Peter Gartlan, Chief Defender.

Jamie K. Contreras, Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With her on the brief were John R. Kroger, Attorney General, and Anna M. Joyce, Solicitor General.

KISTLER, J.

Defendant was charged with first-degree burglary, which occurs when a person "enters or remains unlawfully" in a dwelling "with an intent to commit a crime therein." See ORS 164.225; ORS 164.215. At trial, defendant argued that the state should be required to elect whether it intended to proceed on the theory that he entered the victim's home unlawfully or on the theory that he remained in her home unlawfully. Alternatively, relying on State...

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