State v. Dippre

A defendant commits the inchoate crime of attempted delivery of a controlled substance when that person takes a substantial step towards transferring a controlled substance. ORS 161.405(1).

Defendant appealed from a judgment of conviction for unlawful possession and delivery of methamphetamine. Defendant assigned error to the trial court for entering a conviction for unlawful delivery of the drug. On appeal, Defendant argued that the State incorrectly proved Defendant was guilty of delivery by relying on evidence that Defendant had possession of methamphetamine and a scale. In response, the State conceded that the trial court’s conviction of delivery was in error, but argued that rather than reverse the delivery conviction, the Court should remand for the lesser crime of attempted delivery. A defendant commits the inchoate crime of attempted delivery of a controlled substance when that person takes a substantial step towards transferring a controlled substance. ORS 161.405(1). The Court reasoned that the quantity of methamphetamine Defendant possessed, along with the scale, tinfoil, and unused plastic baggies found in Defendant’s vehicle were more consistent with dealing than personal use. Thus, the evidence was sufficient to show that Defendant took a substantial step towards delivery of the drug. Conviction for delivery of methamphetamine reversed and remanded for entry of a conviction for attempted delivery of methamphetamine; remanded for resentencing; otherwise affirmed.