STATE v. RODRIGUEZ-BARRERA

04C44188, A125926.

159 P.3d 1201 (2007)

213 Or. App. 56

STATE of Oregon, Plaintiff-Respondent, v. Carlos Ivan RODRIGUEZ-BARRERA, Defendant-Appellant.

Court of Appeals of Oregon.

Decided May 23, 2007.


Attorney(s) appearing for the Case

Brandon G. Williams, Deputy Public Defender, argued the cause for appellant. With him on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Janet A. Metcalf, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN and ORTEGA, Judges.


LANDAU, P.J.

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 475.904. 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...

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