- Court: Oregon Court of Appeals
- Area(s) of Law: Criminal Law
- Date Filed: 09-08-2016
- Case #: A154487
- Judge(s)/Court Below: Flynn, J. for the Court; Duncan, P.J.; & Lagesen, J.
- Full Text Opinion
Defendant appealed from a judgment of conviction for unlawful possession of psilocybin mushrooms, a controlled substance under ORS 475.752(3). Defendant drove two friends out to an area where the mushrooms grow. Police, looking for one of the friends, inquired around and were told the friend was going out to the area to pick mushrooms. Police observed Defendant park his car, wait for several hours, and then begin to drive his friends away from the mushroom harvesting area. Defendant was charged with possession of a controlled substance on two alternative theories: one, that Defendant constructively possessed the mushrooms, or two, that Defendant aided and abetted his friends in their possession of the mushrooms. After Defendant’s motion for a judgment of acquittal was denied, Defendant was convicted by a jury. On appeal, Defendant argued the court erred in denying his motion because the evidence was insufficient to support a conviction on either of the State’s theories. The Court held the trial court did not err because the evidence presented consisting of text messages the night before the trip to harvest mushrooms and other community members’ knowledge of the planned trip was sufficient for a rational jury to find Defendant possessed the intent to promote or facilitate the possession of the mushrooms. ORS 161.155(2). Affirmed.