State v. MacOn
249 Or. App. 260
Or. Ct. App.2012Background
- Defendant entered Toy Bliss during business hours and was observed in the store by the manager, Boston.
- He walked through the store and approached a storage-room door camouflaged and not locked, leading to a fire exit.
- The store storage room door was unlocked when Boston opened the store.
- A lockbox containing cash, receipts, and customer checks was missing from the storage room.
- Defendant fled the store with a large bulge under his jacket and was charged with burglary in the second degree (ORS 164.215).
- The trial court denied a judgment of acquittal; the appellate court held the storage room is a separate unit building and that there was sufficient evidence of unlawful entry into that unit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the storage room is a separate building under ORS 164.205(1) | State contends storage room is a self-contained unit within the building. | Macon argues storage room is not a separate building; entry into the store suffices. | Yes; storage room is a separate unit and constitutes a separate building. |
| Whether the state proved unlawful entry/remain unlawfully | State satisfied unlawful entry or remaining in a unit with criminal intent. | Defendant contends no unlawful entry into the storage room or loss of license to be there. | Sufficient evidence supports unlawful entry into the storage room; remaining issue not reached. |
Key Cases Cited
- State v. Barker/Phelps, 86 Or.App. 394, 739 P.2d 1045 (1987) (storage units may be separate buildings when self-contained)
- State v. Handley, 116 Or.App. 591, 843 P.2d 456 (1992) (locked storage lockers can be separate buildings)
- State v. Jenkins, 157 Or.App. 156, 969 P.2d 1048 (1998) (bar area behind a tavern not a separate unit unless self-contained)
- State v. Peña, 183 Or.App. 211, 51 P.3d 646 (2002) (rented rooms in a house; issue unresolved when no intent evidence)
- State v. Cocke, 334 Or. 1, 45 P.3d 109 (2002) (individually rented rooms with locks; separate apartments under ORS 164.205(1))
- State v. Gaines, 346 Or. 160, 206 P.3d 1042 (2009) (interpretive methodology for statutory construction of burglary statutes)