State v. Webb
324 P.3d 522, 2014 WL 1316279, 262 Or.App. 1 (2014)
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Rule of Law:
A vehicle qualifies as a 'building' for the purposes of a second-degree burglary conviction if, based on the totality of the circumstances, it has been adapted from its ordinary transportation function to serve as an integral component of a business, such as for long-term storage of inventory and records.
Facts:
- A victim owned a retail military surplus business operating out of a building.
- For approximately 18 years, the victim used a tractor trailer parked next to the store as a stationary storage unit.
- The trailer was insulated, had a mural painted on its side advertising 'Army Surplus,' and contained approximately $15,000 in inventory.
- Inside the trailer, the victim maintained a file cabinet for business receipts and an inventory sheet on the wall to track merchandise.
- On April 18, 2010, defendant and a companion broke into the tractor trailer and stole items.
- On the same day, they also broke into a U-Haul trailer belonging to a different victim and stole items.
Procedural Posture:
- The State of Oregon charged defendant in a trial court with several offenses, including second-degree burglary for entering the tractor trailer.
- At trial, defendant moved for a judgment of acquittal on the burglary charge, arguing the trailer was not a 'building' under the statute.
- The trial court denied the defendant's motion.
- The defendant was convicted on the burglary charge, as well as two counts of first-degree theft and one count of unlawful entry of a motor vehicle.
- The defendant, as appellant, appealed his conviction for second-degree burglary to the Court of Appeals of Oregon.
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Issue:
Does a tractor trailer that has been stationary for 18 years and is used exclusively to store inventory and records for an adjacent retail business qualify as a 'building' under an Oregon statute defining a building as a vehicle 'adapted for carrying on business therein'?
Opinions:
Majority - Wollheim, J.
Yes. A tractor trailer used for long-term, integral business storage is a 'building' under the burglary statute. The court determined that whether a vehicle has been 'adapted for carrying on business' depends on the specific circumstances of its use, not on a single factor like whether it invites public access. The court distinguished this case from prior precedent involving a railroad boxcar (State v. Scott) by noting the extensive evidence of adaptation here: the trailer was stationary for 18 years, used for inventory and record storage as an 'integral component' of the business, and had a business-related mural painted on it. These facts showed it had been transformed from a vehicle for transportation into a structure for business, making it a 'building' for the purposes of the burglary statute.
Analysis:
This decision clarifies that the statutory definition of a 'building' for burglary charges in Oregon is not limited to structures designed for human occupancy or public access. It establishes a fact-intensive, totality-of-the-circumstances inquiry, focusing on whether a vehicle's use has been converted to an integral part of a business's operations. This broadens the scope of the burglary statute to protect semi-permanent structures used for essential commercial functions, such as long-term warehousing. Future cases will likely weigh factors like the duration of the vehicle's placement, its functional importance to the business, and any physical modifications.
