- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 07-08-2021
- Case #: A170214
- Judge(s)/Court Below: Lagesan, P.J. for the Court; James, J.; & Kamins, J.
- Full Text Opinion
Defendant was convicted of second-degree trespass. When police delivered the notice of exclusion, they advised Defendant that, “she couldn’t go back onto the property until she was invited back or given a letter by the owners of the property.” Defendant argued that there was not sufficient evidence that they had been “lawfully directed” not to enter the property which they trespassed and that, furthermore, she did not know the parking lot was included in the trespass order. The State argued that Defendant trespassed on the property and remained unlawfully. ORS 164.245 does not contain a “clarity requirement” for notice of property from which a person is excluded. The notice given by police was sufficient to describe the property which included the building and parking lot. AFFIRMED.