State v. Klein, 267 Or. App. 348

Defendant lived in a mobile home on rented space in a mobile home park owned by Wilson; the mobile home belonged to defendant’s mother (Nash).
Wilson obtained a writ of restitution in eviction proceedings for the park space; a sheriff posted an eviction/trespass notice on the premises.
Defendant reentered the mobile home after eviction; Wilson had not given him permission and called police; defendant was arrested and charged with first-degree criminal trespass (entering or remaining unlawfully in a dwelling).
At trial, defendant moved for judgment of acquittal on first-degree trespass, arguing the park owner regained possession of the land but not the mobile home (the dwelling) itself; the motion was denied and defendant was convicted.
On appeal, defendant argued he was licensed to enter the dwelling (owner’s invitee) even if not licensed to be on the landlord’s premises, so only second-degree trespass (unlawful entry on premises) was proven.
The state argued the writ/notice and statutory provisions gave the landlord rights in the mobile home sufficient to exclude others from the dwelling; the court disagreed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the landlord’s restitution from eviction gave him a right to exclude persons from the mobile home (dwelling) for purposes of first-degree trespass	Landlord (state) contended the writ/notice and statutory scheme gave possession rights in the mobile home so he could exclude others from the dwelling	Defendant contended landlord only regained possession of the real property (space); mother (owner) could license entry into the dwelling, so defendant was licensed to be in the dwelling even if not licensed to be on the land	The court held the writ/notice and statutes did not give the landlord an exclusive right to possess or occupy the mobile home; defendant was licensed to enter the dwelling, so first-degree trespass was not proven
Whether a second-degree trespass conviction is available when first-degree trespass must be vacated	State argued that, if first-degree is vacated, remand for second-degree conviction and resentencing is appropriate	Defendant conceded unlawful entry on the premises (second-degree trespass) and did not contest sufficiency	The court remanded with instructions to enter judgment for second-degree criminal trespass and resentence

State v. Hall, 327 Or. 568 (discusses standard for reviewing denial of judgment of acquittal and property-law grounding of trespass definitions)
State v. Alvarado, 257 Or. App. 612 (procedural guidance on reviewing acquittal motions)
State v. Hartfield, 290 Or. 583 (permission to enter requires proof that person giving permission lacked authority and entrant knew that)
State v. Litscher, 207 Or. App. 565 (definition and test for lesser-included offenses)
State v. Touchstone, 188 Or. App. 45 (remanding for entry of conviction on lesser-included offense when evidence suffices)