State v. Hoard

This is a criminal appeal involving charges related to an inmate’s possession of a debatably sharpened plastic spoon.1 Defendant challenges a guilty verdict on Count 1 for possession of a weapon by an inmate (“weapon charge”), ORS 166.275, a guilty verdict on Count 2 for supplying contraband (“contraband charge”), ORS 162.185, and a more particular, additional determination that the contraband was a “dangerous weapon” (“dangerous weapon allegation”) for purposes of categorization of crime seriousness in sentencing. OAR 213-018-0070.2

Taking those issues in reverse order, defendant first argues…