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STATE v. HENDERSON

(CC 15CR32629) (SC S066367).

455 P.3d 503 (2019)

366 Or. 1

STATE of Oregon, Petitioner on Review, v. Dustin Lee HENDERSON, Respondent on Review.

Supreme Court of Oregon, En Banc.

December 27, 2019.

Attorney(s) appearing for the Case

Rolf C. Moan, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Stephanie Hortsch, Deputy Public Defender, Office of Public Defense Services, Salem, argued the cause and filed the brief for respondent on review. Also on the brief was Ernest G. Lannet, Chief Defender.

The question before this court is whether a person commits the crime of first-degree burglary when the person enters a dwelling unlawfully without the intent to commit an additional crime and then develops that intent while unlawfully present in the dwelling. For the reasons set out below, we hold that forming the intent to commit an...

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