State v. Berg

Defendant was found guilty of possession of a controlled substance, ORS 475.992(4), and pled guilty to driving under the influence of intoxicants, ORS 813.010, and driving while suspended. ORS 811.175; ORS 811.182. The trial court did not err in denying defendant’s motion for judgment of acquittal on the possession charge. There was sufficient evidence to create a jury question whether he knowingly possessed cocaine.

Defendant also challenges the sentence imposed for his possession conviction. Under the sentencing guidelines, he came within grid block 1G, which has a presumptive probationary…