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Oregon Supreme Court, December 27, 2019

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by: Rankin Johnson IV • January 6, 2020 • no comments

 

Summarized by Rankin Johnson, OCDLA

BURGLARY - Intent

Forming intent to commit a crime after an illegal entry is burglary. Affirmed.

The court examined the text of the statute and the legislative history in reaching its conclusion, and reversed a contrary decision of the Court of Appeals.

State v. Henderson 366 Or 1 (December 27, 2019) (Balmer) (Multnomah County, Ryan)

DUII - Statutory counterparts

Only an out-of-state offense with "virtually identical elements" to an Oregon DUII is a "statutory counterpart" for purposes of DUII sentencing. Reversed.

The court examined the text of the statute and the legislative history and concluded that Kansas and Colorado convictions were not statutory counterparts. It reversed a contrary decision of the Court of Appeals.

State v. Guzman/Heckler 366 Or 18 (December 27, 2019) (Nelson) (Deschutes County, Adler and Ashby)