State v. Villagomez

Under ORS 475.900(1)(b)(A), the delivery of controlled substances “for consideration” requires the State to show that a defendant actually received or entered into an agreement to receive some consideration at the time of delivery.

Defendant appealed an enhanced sentence for possession of methamphetamine. The State argued for the enhanced sentence at trial by showing three of the eleven commercial drug offense factors found in ORS 475.900(1)(b). At issue on appeal was the meaning of one of the State’s three factors: delivery of controlled substances for consideration. Defendant argued that the statute required an actual delivery of a controlled substance in exchange for consideration to take place. The State argued that no exchange actually had to occur, but an intent to transfer controlled substances for consideration was sufficient. The Court held that a delivery “for consideration” under ORS 475.900(1)(b)(A) requires the State to show that the defendant actually received or entered into an agreement to receive some consideration at the time of delivery. Reversed and remanded for resentencing.