State v. Rodriguez-Barrera

Defendant appeals a judgment of conviction for, among other things, delivery of a Schedule II controlled substance within 1,000 feet of a school. ORS 457.904. He assigns error to the trial court’s denial of a motion for a judgment of acquittal on that charge. According to defendant, the state failed to prove that he had intended drug activity to take place within 1,000 feet of a school. The state argues that the statutes that define the offense require no such proof. We agree with the state and affirm.

The relevant facts are not in dispute. Defendant was driving through Silverton when police…