State v. Rankins

Defendant appeals the trial court’s judgment convicting him of delivery of heroin, as a commercial drug offense (Count 1), ORS 475.850 and ORS 475.900(l)(b), and possession of heroin (Count 2), ORS 475.854. On appeal, defendant assigns error to the trial court’s conclusion that the state presented sufficient evidence to establish that the delivery constituted a commercial drug offense. In order to establish that an offense is a commercial drug offense, the state must prove that the offense was accompanied by at least three of the 11 factors listed in the commercial drug offense statute, ORS…