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STATE v. LUPERCIO-QUEZADA

060331536; A133375.

198 P.3d 973 (2008)

224 Or. App. 515

STATE of Oregon, Plaintiff-Respondent, v. Norberto LUPERCIO-QUEZADA, aka Norberto Nunn Lupercioquezada, aka Orasio Nunnez Quesada, Defendant-Appellant.

Court of Appeals of Oregon.

Decided December 24, 2008.

Attorney(s) appearing for the Case

Neil F. Byl, Deputy Public Defender, argued the cause for appellant. With him on the opening brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services. On the supplemental brief was Neil F. Byl, Deputy Public Defender.

Inge D. Wells, Senior 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 HASELTON, Presiding Judge, and ARMSTRONG, Judge, and CARSON, Senior Judge.

HASELTON, P.J.

Defendant was convicted of unlawful delivery of methamphetamine, ORS 475.890(1), and unlawful possession of methamphetamine, ORS 475.894(2); both offenses were charged as commercial drug offenses, ORS 475.900(1)(b). Defendant argues on appeal that, although the evidence was sufficient to convict him on the underlying delivery and possession charges, the court should have granted his motion for judgment of acquittal as to the commercial drug offense...

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