974 P.2d 254 | Or. Ct. App. | 1999
Defendant appeals a juvenile court order finding him within the jurisdiction of the juvenile court because of an act that, if done by an adult, would constitute the crime of delivery of a controlled substance within 1,000 feet of a school. ORS 475.999(l)(a).
We review the judgment of the trial court de novo. ORS 419A.200(5); ORS 19.415(3). Defendant admitted that two friends gave him four dollars to buy marijuana cigarettes for them. Defendant bought them on March 21, 1997, at school and was going to deliver them to the two students when he was apprehended by Mr. Bailer, a campus safety monitor for Portland Public Schools. Bailor witnessed defendant purchasing the cigarettes.
Defendant contends that he received no consideration for the delivery, while the state contends that consideration was shown. We need not reach that question, because we conclude that consideration is not an element of the crime under ORS 475.999(l)(a).
According to the defendant, consideration represents the only difference between ORS 475.999(l)(a) and ORS 475.999(l)(b).
Consideration is not an element of ORS 475.999-(l)(a). In this case, there was evidence that defendant held, with intent to deliver, marijuana within 1,000 feet of a school attended primarily by minors. The trial court correctly found that defendant acted in a way that would make him guilty of the crime of delivery of a controlled substance with 1,000 feet of a school attended primarily by minors, had he been an adult. It properly exercised jurisdiction over him.
Affirmed.
ORS 475.999 provides, in part:
“Except as authorized by ORS 475.005 to 475.285 and 475.940 to 475.995, it is unlawful for any person to:
“(1) Manufacture or deliver a schedule I, II or III controlled substance within 1,000 feet of the real property comprising a public or private elementary, secondary or career school attended primarily by minors.
“(a) Unlawful manufacture or delivery of a controlled substance within 1,000 feet of a school is a Class A felony.”
ORS 475.999(l)(b) provides:
“Notwithstanding the provisions of paragraph (a) of this subsection, delivery for no consideration of less than five grams of the dried leaves, stems and flowers of the plant Cannabis family Moraceae in a public place, as defined in ORS 161.015, that is within 1,000 feet of the real property comprising a public*252 or private elementary, secondary or career school attended primarily by minors to a person who is 18 years of age or older is a Class C misdemeanor.”