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STATE v. STEWART

CC 15CR14797 SC S064704.

413 P.3d 959 (2018)

362 Or. 638

STATE of Oregon, Respondent on Review, v. Gregory Dandra STEWART, Petitioner on Review.

Supreme Court of Oregon.

March 22, 2018.

Attorney(s) appearing for the Case

Kali Montague , Deputy Public Defender, Salem, argued the cause and filed the brief for petitioner on review. Also on the brief was Ernest G. Lannet , Chief Defender, Office of Public Defense Services.

Andrew M. Lavin , Assistant Attorney General, Salem, argued the cause and filed the brief for respondent on review. Also on the brief were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Balmer, Chief Justice, and Kistler, Walters, Nakamoto, Flynn, and Nelson, Justices, and Lagesen, Judge of Court of Appeals, Justice pro tempore.

In this criminal case, we conclude that, to prove that a delivery "is for consideration" under ORS 475.900 (2)(a) and that an enhanced sentence is therefore merited, the state is required to offer evidence that a defendant either entered into an agreement to sell or completed a sale of the specified drugs. Evidence that a defendant possessed...

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