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STATE v. WERNER

A149780.

383 P.3d 875 (2016)

281 Or.App. 154

STATE of Oregon, Plaintiff-Respondent, v. Thomas Paul WERNER, Jr., Defendant-Appellant.

Court of Appeals of Oregon.

September 21, 2016.

Attorney(s) appearing for the Case

Stephanie J. Hortsch, Deputy Public Defender, argued the cause for appellant. With her on the briefs was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Susan G. Howe, Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Before Duncan, Presiding Judge, and Hadlock, Chief Judge, and Wollheim, Senior Judge.

Defendant took property from the complainant's house at a time defendant had permission to be in the house. For that conduct, defendant was charged with theft and burglary, among other crimes. At trial, defendant conceded that he was guilty of theft, but moved for a judgment of acquittal on the burglary charge, arguing that, because...

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