State v. Gonzalez-Valenzuela

Summary

The Oregon Supreme Court held that illegal drug possession may constitute unlawful activity involving controlled substances under ORS 163.575(1)(b). However, a brief, isolated incident of drug possession does not make a location a place where such activity is maintained or conducted, so the defendant was entitled to acquittal on the child-endangerment charges.

Holdings

1. Illegal drug possession may constitute "unlawful activity involving controlled substances" under ORS 163.575(1)(b).
2. The statutory phrase refers to a place where a principal or substantial use of the place is to facilitate unlawful drug activity; a brief, isolated incident of drug possession in a car is legally insufficient.

Questions Presented

1. Whether illegal possession of controlled substances constitutes "unlawful activity involving controlled substances" under ORS 163.575(1)(b).
2. Whether a brief, isolated incident of drug possession in a location is sufficient to make that location "a place where unlawful activity involving controlled substances is maintained or conducted" under ORS 163.575(1)(b).
3. Whether the evidence was legally sufficient to support defendant's two child-endangerment convictions.

Disposition

reversed_and_remanded