State v. Petite

495 P.2d 783, 9 Or. App. 231, 1972 Ore. App. LEXIS 954
CourtCourt of Appeals of Oregon
DecidedApril 7, 1972
DocketNo. 71-6C; No. 71-6C
StatusPublished
Cited by16 cases

This text of 495 P.2d 783 (State v. Petite) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Petite, 495 P.2d 783, 9 Or. App. 231, 1972 Ore. App. LEXIS 954 (Or. Ct. App. 1972).

Opinion

THOBNTON, J.

The defendant was convicted of burglary not in a dwelling under former OBS 164.240 and given a 10-year sentence. In a subsequent enhanced penalty proceeding under former OBS 168.015 et seq, this sentence was vacated and a sentence of 25 years was imposed. Although no error has been assigned with regard to the enhanced penalty proceeding, this proceeding has been consolidated with the burglary conviction for purposes of appeal, since the validity of the enhanced penalty is dependent upon the affirmance of the conviction supporting it.

With regard to his conviction for burglary not in a dwelling, the defendant contends that the trial court erred in (1) denying his motion to suppress evidence obtained by the police through a search of defendant’s person; (2) finding that the statements made by defendant at the time of his arrest were voluntarily made; and (3) denying his motion for a judgment of acquittal.

The defendant was arrested while crawling into the window of his room in the Hart Hotel in Klamath Falls on the morning of December 27,1970, at approximately 4 a.m. He had previously thrown a homemade ladder made out of sheets and a bedspread into the room. As he was pulled into the room a .22 Derringer handgun, two screwdrivers and wireeutters fell out of his pocket. The search of defendant that followed disclosed a flashlight, a Smith and Wesson .38 special revolver and a Smith and Wesson .32 caliber pistol, both loaded, and a jacket. The guns and the jacket were later identified as the property of the Corner Store.

The police had been dispatched to the Hart Hotel to investigate a report from the hotel personnel that [234]*234a man was on the roof. The record does not disclose who reported this fact to the hotel personnel. When the officers arrived at the hotel, they began to question the desk clerk but were interrupted by Ivan Lutz. Mr. Lutz told the officers that he had been drinking with the defendant the previous afternoon and that the defendant told him he was going to “rob” the Corner Store; that later in the afternoon the defendant had asked him if he could borrow either sheets or a bedspread to make a rope to go down through the skylight into the Corner Store; and that just before the police were called he had gone to the defendant’s room, found the room empty and the window out onto the roof of the Corner Store open. In addition he informed the police that the defendant intended to take firearms from the Corner Store and would be well armed and possibly dangerous.

Three officers went to the defendant’s room and entered after finding the door unlocked. Shortly thereafter they heard footsteps approaching the window. As the defendant crawled through the window, Officer Eedfield grabbed him by the hair, put his service revolver against defendant’s head and placed him under arrest. While the officers were securing him, the defendant spontaneously said, “Okay, you have got me.”

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Related

State v. Montigue
605 P.2d 656 (Oregon Supreme Court, 1980)
State v. Carlile
43 Or. App. 692 (Court of Appeals of Oregon, 1979)
State v. Reiter
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State v. Montigue
590 P.2d 274 (Court of Appeals of Oregon, 1979)
State v. Wright
566 P.2d 185 (Court of Appeals of Oregon, 1977)
State v. Delker
552 P.2d 1313 (Court of Appeals of Oregon, 1976)
State v. Schrag
536 P.2d 461 (Court of Appeals of Oregon, 1975)
State v. Walker
528 P.2d 113 (Court of Appeals of Oregon, 1974)
State v. Bauer
519 P.2d 96 (Court of Appeals of Oregon, 1974)
State v. Corbin
516 P.2d 1314 (Court of Appeals of Oregon, 1973)
State v. Bidwell
514 P.2d 559 (Court of Appeals of Oregon, 1973)
State v. Branch
508 P.2d 254 (Court of Appeals of Oregon, 1973)
State v. Poole
500 P.2d 726 (Court of Appeals of Oregon, 1972)

Cite This Page — Counsel Stack

Bluebook (online)
495 P.2d 783, 9 Or. App. 231, 1972 Ore. App. LEXIS 954, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-petite-orctapp-1972.