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STATE v. MAKIN

CC C100549CR CA A153309 SC S063440.

381 P.3d 799 (2016)

360 Or. 238

STATE of Oregon, Respondent on Review, v. Robert Clate MAKIN, Petitioner on Review.

Supreme Court of Oregon.

September 15, 2016.

Attorney(s) appearing for the Case

Rankin Johnson IV , Portland, argued the cause and filed the briefs for petitioner on review.

Jeff J. Payne , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Ellen F. Rosenblum , Attorney General, and Paul L. Smith , Deputy Solicitor General.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Baldwin, and Brewer, Justices, and Armstrong, Justice pro tempore.

The question in this case is whether a reasonable trier of fact could find defendant guilty of first-degree child neglect for knowingly allowing his children to stay "[i]n a vehicle where controlled substances are being criminally delivered * * *." See ORS 163.547(1)(a)(A) (defining that offense). The evidence at trial showed...

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