(DOWNLOAD) "Oregon v. Dameron" by Supreme Court of Oregon # eBook PDF Kindle ePub Free
eBook details
- Title: Oregon v. Dameron
- Author : Supreme Court of Oregon
- Release Date : January 28, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 81 KB
Description
The state appeals a Court of Appeals decision that reversed defendants conviction for criminal trespass in the second degree. ORS 164.245. The dispositive issue is whether defendant remained unlawfully on the premises. The Court of Appeals held that defendant established at trial that he was engaged in a constitutionally protected activity and, therefore, the trial court erred in ruling that the order for defendant to leave the premises was lawful. State v. Dameron, 101 Or App 237, 238, 789 P2d 707 (1990). Because defendant was convicted at trial, we view the evidence in the light most favorable to the state. State v. Harris, 288 Or 703, 721, 609 P2d 798 (1980). We hold as a matter of law that on the record presented in this case no rational trier of fact could have found beyond a reasonable doubt that defendant remained unlawfully on the premises. Accordingly, we affirm the decision of the Court of Appeals on different grounds.