State v. Blasingame

Defendant appeals a judgment of conviction for delivery of marijuana, ORS 475.860. He asserts that the trial court erred when it instructed the jury on the charge of delivery of a controlled substance because that instruction was an impermissible comment on the evidence in violation of ORCP 59 E and the Due Process Clause of the Fourteenth Amendment to the United States Constitution. For the reasons that follow, we conclude that defendant failed to preserve the arguments that he now raises on appeal and, even assuming without deciding that any' error was plain, we decline to exercise our…