Public-domain · open source
OpenJurist

290 Or. App. 461

412 P.3d 278

State v. Mendoza

Court of Appeals of Oregon

Decided February 22, 2018

Court of Appeals of Oregon · decided 2018-02-22

Cited by 2 later decisions — most recently March 2018

2 state decisions

Key passage — most relied on by later courts

“unlawful activity involving controlled substances is maintained or conducted,”

quoted by 1 later decision, including 290 Or. App. 773 - State v. Hobbs

Applies OR 163 § 163.575

Relies on State v. Gonzalez-Valenzuela

Good law ✅— No negative treatment on recordhow we know

Decided 2018-02-22

View the full empirical analysis of this case →

PER CURIAM

¶1*462Defendant appeals a judgment of conviction on one count of endangering the welfare of a minor, ORS 163.575 (1)(b) (making it a crime to knowingly permit a child "to enter or remain in a place where unlawful activity involving controlled substances" is maintained or conducted). She argues that the trial court should have granted her motion for a judgment of acquittal on that count, because the evidence was legally insufficient *279to prove that a principal or substantial use of her home-the place where she knowingly permitted children to enter and remain-was to facilitate unlawful drug activity. SeeState v. Gonzalez-Valenzuela , 358 Or. 451, 473, 365 P.3d 116 (2015) (holding that "the phrase 'a place where unlawful activity involving controlled substances is maintained or conducted,' ORS 163.575(1)(b), refers to a place where a principal or substantial use of the place is to facilitate unlawful drug activity," and describing factors relevant to that determination).

¶2The state concedes that, in light of Gonzalez-Valenzuela , the evidence presented at trial was legally insufficient to support the conviction. We agree, accept the concession of error, and reverse the conviction.1

¶3Conviction for endangering the welfare of a minor reversed; otherwise affirmed.

¶4Defendant was acquitted of a second count of endangering the welfare of a minor, and the judgment also disposes of that count. We do not disturb that part of the judgment.

/290/orapp/461 · .json · Public domain