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STATE v. SJOGREN

A172926.

494 P.3d 1040 (2021)

313 Or. App. 364

STATE of Oregon, Plaintiff-Respondent, v. John Alan SJOGREN, aka John A. Sjogren, Defendant-Appellant.

Court of Appeals of Oregon.

July 14, 2021.

Attorney(s) appearing for the Case

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

Derek Olson , Certified Law Student, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Robert M. Wilsey , Assistant Attorney General.

Before Lagesen, Presiding Judge, and James, Judge, and Kamins, Judge.

Defendant was convicted of second-degree burglary, ORS 164.215, for stealing garbage from a covered garbage pit. At trial, he moved for a judgment of acquittal arguing that he could not be convicted of burglary because he did not enter a "building," as required by the statute. On appeal, he assigns error to the trial court's denial of...

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