State v. Moreno

Defendant appeals his conviction for possession of a precursor substance with intent to manufacture, ORS 475.967, assigning error to the denial of his motion for a judgment of acquittal. On appeal, the only issue is whether stealing and possessing a large quantity of pseudoephedrine is sufficient to support a finding, beyond a reasonable doubt, that defendant intended to manufacture methamphetamine. We conclude that it is not, and we therefore reverse in part.

The pertinent facts are relatively few. Defendant stole five packages of Sudafed cold medicine, containing a total of approximately 15…