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STATE v. SPROW

A163410.

445 P.3d 351 (2019)

298 Or.App. 44

STATE of Oregon, Plaintiff-Respondent, v. Ned Weckesser SPROW, III, Defendant-Appellant.

Court of Appeals of Oregon.

June 12, 2019.

Attorney(s) appearing for the Case

Stacy Du Clos, Deputy Public Defender, argued the cause for the appellant. Also on the brief was Ernest G. Lannet, Chief Defender, Criminal Appellate Section, Office of Public Defense Services.

Peenesh Shah, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General.

Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

Defendant appeals a judgment reflecting his conviction for first-degree criminal trespass. It is undisputed that defendant entered the residence of his former wife, E, during a sale that was being held there after she moved out, at a time when she still rented the home. The state prosecuted the trespass case on the theory that defendant...

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