State v. Becker

Court of Appeals of Oregon

State v. Becker

66 P.3d 584, 187 Or. App. 274, 2003 Ore. App. LEXIS 497

CourtCourt of Appeals of Oregon

DecidedApril 3, 2003

DocketCF980635; A113100

StatusPublished

Cited by1 cases

This text of 66 P.3d 584 (State v. Becker) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Becker, 66 P.3d 584, 187 Or. App. 274, 2003 Ore. App. LEXIS 497 (Or. Ct. App. 2003).

Pincite

Opinion

PER CURIAM

Defendant was convicted, after a trial to the court, of possession of a controlled substance, ORS 475.992(4), and supplying contraband, ORS 162.185. On appeal, she challenges only her supplying contraband conviction. The state concedes that this case is factually indistinguishable from State v. Tippetts, 180 Or App 350, 43 P3d 455 (2002), in which we held that a person’s mere possession of an item when the person is arrested and booked into jail does not establish that the person committed a “voluntary act” of introducing the contraband into the jail. We find the state’s concession to be well founded.

Conviction for supplying contraband reversed and remanded for resentencing; otherwise affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM

Defendant was convicted, after a trial to the court, of possession of a controlled substance, ORS 475.992(4), and supplying contraband, ORS 162.185. On appeal, she challenges only her supplying contraband conviction. The state concedes that this case is factually indistinguishable from State v. Tippetts, 180 Or App 350, 43 P3d 455 (2002), in which we held that a person’s mere possession of an item when the person is arrested and booked into jail does not establish that the person committed a “voluntary act” of introducing the contraband into the jail. We find the state’s concession to be well founded.

Conviction for supplying contraband reversed and remanded for resentencing; otherwise affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

66 P.3d 584, 187 Or. App. 274, 2003 Ore. App. LEXIS 497, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-becker-orctapp-2003.

Opinion

Related

Cite This Page — Counsel Stack