Legal Opinion

State v. Stewart

Oregon Supreme Court

Decided March 22, 2018No. CC 15CR14797; SC S064704PublishedCited by 1 opinion

1Opinion of the CourtWalters, J.

**640In this criminal case, we conclude that, to prove that a delivery "is for consideration" under ORS 475.900 (2)(a) and that an enhanced sentence is therefore merited, the state is required to offer evidence that a defendant either entered into an agreement to sell or completed a sale of the specified drugs. Evidence that a defendant possessed the drugs with the intent to sell them is insufficient. We reverse the decision of the Court of Appeals, State v. Stewart , 282 Or. App. 845, 386 P.3d 688 (2016),1 and remand the case for resentencing.

Defendant knocked on a woman's door early one…

2Cases cited7 opinions

  1. State v. GainesOregon Supreme Court · 2009
  2. State v. BoydCourt of Appeals of Oregon · 1988
  3. Moro v. State of OregonOregon Supreme Court · 2015
  4. Shelley v. Portland Tug & Barge Co.Oregon Supreme Court · 1938
  5. State v. StewartCourt of Appeals of Oregon · 2016

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3Cited by1 opinion

  1. Murdoch v. DMVCourt of Appeals of Oregon · 2021

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