State v. Stewart
Oregon Supreme Court
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
- State v. GainesOregon Supreme Court · 2009
- State v. BoydCourt of Appeals of Oregon · 1988
- Moro v. State of OregonOregon Supreme Court · 2015
- Shelley v. Portland Tug & Barge Co.Oregon Supreme Court · 1938
- State v. StewartCourt of Appeals of Oregon · 2016
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3Cited by1 opinion
- Murdoch v. DMVCourt of Appeals of Oregon · 2021