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STATE v. MORRIS

A150850.

404 P.3d 951 (2017)

288 Or.App. 364

STATE of Oregon, Plaintiff-Respondent, v. Lawrence MORRIS, Defendant-Appellant.

Court of Appeals of Oregon.

October 18, 2017.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Susan Fair Drake , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Doug M. Petrina , Assistant Attorney General, filed the brief for respondent.

Before DeVore, Presiding Judge, and Hadlock, Chief Judge, and Duncan, Judge pro tempore.

Defendant challenges his conviction for delivery of cocaine "for consideration," contending that the trial court erred by submitting the "for consideration" subcategory fact to the jury during the sentencing phase of the criminal proceeding. Defendant makes two arguments: (1) the trial court lacked authority to submit the...

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