State v. Fulmer

Defendant appeals his conviction for delivery of a controlled substance. ORS 475.992. He argues that the trial court erred in denying his motion for judgment of acquittal, because there was insufficient evidence to support a conviction on the delivery charge. We affirm.

On April 6, 1989, uniformed officers in an unmarked police car saw defendant crossing a nearby intersection. Defendant had just noticed a marked patrol car go by, but had not yet seen the officers in the unmarked car. While looking over his shoulder, he reached into his jacket pocket and tossed a plastic bag onto the grass of a…