Oregon v. VillagomezAnnotate this Case
A jury found defendant Jose Roberto Fierro Villagomez guilty of unlawful possession and unlawful delivery of methamphetamine. The presumptive sentence for those crimes was probation. However, under ORS 475.900(1)(b), when the state establishes that those crimes constituted commercial drug offenses, the presumptive sentence was imprisonment. To prove a commercial drug offense, the state had to establish any three out of eleven statutorily enumerated factors, one of which is that the “delivery” of the drug was “for consideration.” This case presented the question of whether that factor could be proved by evidence that the defendant possessed the drugs with an intent to sell them, or, instead, required the state to prove a completed sale of drugs or an existing agreement to sell them. The Oregon Supreme Court concluded that the legislature intended the latter, and affirmed the decision of the Court of Appeals.