delivery of controlled substance 1000 feet within a school zone

[jeanmartin]

What is the name of your state?Oregon
My boyfriend has an arrest warrantfor delivery of a controlled substance with in 1000 feet from a school zone, possession of controlled substance and delivery of a controlled substance (methamphetamine).I have 3 questions the first question is isn't delivery of a controlled subtance and the possession of a controlled substance the same as the delivery of a controlled substance within 1000 feet from a school? ( He only did one delivery.) and after checking on yahoo maps the location of the buy and the location of the arrest ( 2 different locations) any of the schools in the area where this took place are more than a 1000 feet away from either location. Does the error on the arrest warrant make the case against him null and void? and the last question is if the officers intentionally set the buy up in a school zone which is not part of my boyfriends everyday routine is that entraptment? How accurate does the 1000 feet from a school have to be to get a conviction?

 

[BelizeBreeze]

What is the name of your state?Oregon
My boyfriend has an arrest warrantfor delivery of a controlled substance with in 1000 feet from a school zone, possession of controlled substance and delivery of a controlled substance (methamphetamine).I have 3 questions the first question is isn't delivery of a controlled subtance and the possession of a controlled substance the same as the delivery of a controlled substance within 1000 feet from a school?

Nope. They are all different crimes.

( He only did one delivery.) and after checking on yahoo maps the location of the buy and the location of the arrest ( 2 different locations) any of the schools in the area where this took place are more than a 1000 feet away from either location.

That is a matter of fact for the court to decide.

Does the error on the arrest warrant make the case against him null and void?

What error?

and the last question is if the officers intentionally set the buy up in a school zone which is not part of my boyfriends everyday routine is that entraptment? How accurate does the 1000 feet from a school have to be to get a conviction?

Your boyfriend's 'routine' is irrelevant. The only relevant fact is what actually happened and where.

 

[Kane]

Double jeopardy prevents someone from being convicted twice (or in his case, three times) of the same crime.

Whether he committed one crime or three depends on the facts alleged (what exactly they're saying he did), and the exact language of the statutes.

If he made only one sale, most likely he committed one crime, not three. Del is a lesser included offense of Del within a thousand feet - in other words, they're the same thing, but one is more serious than the other. That means he cannot be convicted of both. He can only be convicted of one or the other.

I suspect possession and deliver will be the same, too, for double jeopardy purposes. That's assuming the drugs he "possessed" were the same as the drugs he "delivered." (In other words, he didn't hold some back for himself.) But he needs an attorney licensed in Oregon to look at it.

Whether there's a double jeopardy issue is ultimately up to the court.


Setting up a sting is not entrapment, whether it's in a school zone or not.


It's up to the state to prove he was in a school zone. If they can't prove it, he won't be (or at least shouldn't be) convicted. He can still be convicted of delivery, of course, assuming they're able to prove that part of their case.