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State v. Jimenez-Correo

Summarized by: 

Date Filed: 02-15-2012
Case #: A140477
Ortega, P.J. for the Court; Sercombe, J.; & Landau, J.
Full Text Opinion: http://courts.oregon.gov/sites/Publications/A140477.pdf

Criminal Law: In the sale of marijuana, the culpable mental state requirement does not include the element of the recipient's age under former ORS 475.995 (2001).

Defendant was convicted of three counts of delivering marijuana to a minor. Defendant requested special jury instructions that the state was required to prove that he had knowledge that the minors he delivered marijuana to were, in fact, under 18. The trial court concluded that defendant’s culpable state of mind did not extend to this case. Defendant contended on appeal that the trial court erred when it refused his special jury instructions. He claimed State v. Blanton controlled, and that the state must show that he knew the age of the recipient. The Court of Appeals held that the text and legislative intent of former ORS 475.995 (2001) did not require a culpable mental state as to the element to the recipient’s age. Affirmed.