STATE of Oregon, Petitioner on Review,
v.
Carl Cortez RUTLEY, Respondent on Review.
Supreme Court of Oregon.https://leagle.com/images/logo.png
Argued and Submitted June 20, 2007.
Decided November 8, 2007.
Attorney(s) appearing for the Case
Brendan C. Dunn, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.
Rebecca Duncan, Deputy Public Defender, Salem, argued the cause for respondent on review. With her on the brief was Peter Gartlan, Chief Defender.
Before, DE MUNIZ, Chief Justice, and GILLETTE, DURHAM, BALMER, KISTLER, and WALTERS, Justices.
Supreme Court of Oregon.
DE MUNIZ, C.J.
Defendant was convicted of violating ORS 475.999 (1999),1 which made it unlawful to deliver certain controlled substances "within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors." The issue in this case is whether that statute required defendant to know that the delivery took place within 1,000 feet of a school. The trial court concluded...
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