State v. Carter

Defendant was convicted of manufacturing marijuana, possession of more than one ounce of marijuana and misdemeanor delivery of marijuana and possession of hashish. ORS 475.992. The jury specifically found that defendant’s conduct constituted a commercial drug offense under ORS 475.996(l)(b). As a result, his history risk score for purposes of sentencing was enhanced, and he was sentenced accordingly. Defendant appeals the convictions and the enhanced sentence. We reverse.

First, defendant assigns error to the trial court’s failure to grant his motion to suppress evidence seized from his…