State v. Stewart

A jury convicted defendant of one count of unlawful delivery of methamphetamine for consideration, ORS 475.890 and ORS 475.900(2)(a), and one count of possession of methamphetamine, ORS 475.894. On appeal, defendant challenges only the delivery conviction, arguing that the trial court erred in denying his motion for judgment of acquittal as to the subcategory factor found in ORS 475.900(2)(a), which applies when the delivery in question “is for consideration.” Relying on our recent decision in State v. Villagomez, 281 Or App 29, 36, 380 P3d 1150 (2016), defendant argues that paragraph (2)(a)…