STATE v. CONKLIN

04C47611; A127226 (Control), 04C-50598; A127272, 04C-47610; A127635.

162 P.3d 364 (2007)

214 Or. App. 80

STATE of Oregon, Plaintiff-Respondent, v. Cole W. CONKLIN, Defendant-Appellant. State of Oregon, Plaintiff-Respondent, v. Andrew John Patrick Betts, Defendant-Appellant. State of Oregon, Plaintiff-Respondent, v. Erik Robert Land, aka Eric Robert Land, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 11, 2007.


Attorney(s) appearing for the Case

Jamesa J. Drake, Deputy Public Defender, argued the cause for appellants. With her on the brief were Peter A. Ozanne, Executive Director, and Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Jonathan H. Fussner, Attorney-In-Charge, Criminal Appeals Unit, argued the cause for respondent. On the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Elizabeth A. Gordon, Assistant Attorney General.

Before HASELTON, Presiding Judge, and ARMSTRONG and ROSENBLUM, Judges.


HASELTON, P.J.

Defendants, who were convicted of delivery of a controlled substance within 1,000 feet of a school, appeal, assigning error to the denial of their motions for judgments of acquittal (MJOA).1 Defendants contend that the state failed to present legally sufficient evidence that the "Sonshine School," which was within 1,000 feet of the point of delivery, was, in fact, an "elementary, secondary or career school attended...

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