State v. Chan

Summary

The Oregon Court of Appeals affirmed convictions for attempted delivery and possession of methamphetamine. The court held that evidence of defendant's proximity to the drugs, excessive sweating indicating recent drug use, drug-packaging materials, cash, and drug-related messages was sufficient to establish constructive possession. The same evidence, including drugs divided into separate packages and matching unused bags, was sufficient to establish a substantial step toward delivery.

Holdings

1. The evidence, viewed in the light most favorable to the state, was legally sufficient for a factfinder to infer beyond a reasonable doubt that defendant constructively possessed the methamphetamine found in the vehicle.
2. The evidence was legally sufficient for a factfinder to conclude that defendant intentionally took a substantial step toward delivery of methamphetamine.

Questions Presented

1. Whether the evidence was sufficient to establish that defendant constructively possessed the methamphetamine found in the vehicle.
2. Whether the evidence was sufficient to establish that defendant's possession constituted a substantial step toward delivery of methamphetamine.

Disposition

affirmed