State v. Bryant

Defendant appeals his conviction for conspiracy to deliver a controlled substance, ORS 475.992(1); ORS 161.450(1),1 assigning as error the denial of his motion for judgment of acquittal. He argues that, had the conspiracy succeeded, he would have been guilty only of possession of a controlled substance, rather than delivery of it. We affirm.

We state the facts favorably to the state, because defendant challenges the sufficiency of the evidence to support the jury’s guilty verdict. State v. Johnson, 10 Or App 423, 428, 500 P2d 500 (1972). Dee Collins was arrested in a federal Drug Enforcement…