State v. Hopkins, 469 P.3d 238

Victim and Hopkins were longtime neighbors and friends; Hopkins was invited into the victim’s one‑bedroom apartment for the victim’s birthday and to run errands together.
After a short visit, Hopkins stood behind the victim, put a rope around the victim’s neck and began strangling her; the victim struggled and put fingers between the rope and her neck.
Hopkins continued escalating violence (bludgeoning with statues, suffocation attempt, hammer blows, attempted drowning) and removed the victim’s bra to take a bottle of oxycodone.
Hopkins was charged with attempted aggravated murder and two counts of first‑degree burglary (charging unlawful remaining with intent to commit theft and assault).
At trial (bench trial), the court denied Hopkins’s motion for judgment of acquittal on the burglary counts; the court found implied revocation of permission when the victim resisted and convicted Hopkins.
On appeal, Hopkins argued the state failed to prove the trespass element: her initial entry was lawful and, she contended, the subsequent crimes do not retroactively convert lawful presence into unlawful remaining.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the state proved "unlawfully remained" (trespass) for burglary where defendant entered with permission but later assaulted and stole	Victim impliedly revoked permission when she resisted; from that point Hopkins was unlawfully remaining with intent to commit theft/assault	Commission of the subsequent crimes does not retroactively convert a lawful presence into unlawful remaining (Werner)	Court affirmed: implied revocation occurred when victim struggled; evidence sufficient to find unlawful remaining and intent to commit additional crimes

State v. Felt, 108 Or App 730 (1991) (permission can be impliedly revoked by victim’s reaction, supporting unlawful‑remaining finding)
State v. Werner, 281 Or App 154 (2016) (commission of a crime inside a premises by someone with permission does not by itself make the presence unlawful)
State v. Angelo, 282 Or App 403 (2016) (burglary elements: unlawfully enter/remain, building, intent to commit crime therein)
State v. Henderson, 366 Or 1 (2019) (intent to commit the additional crime must exist at some point during the unlawful presence)