State v. Fries

Rule of Law:

Knowingly exercising physical control over a controlled substance constitutes "actual possession" under Oregon law, regardless of whether the individual is acting at the direction of the substance's lawful owner.

Facts:

• Defendant's friend, Albritton, was being evicted and called defendant for help moving.
• Albritton, who lawfully possessed marijuana plants under a medical marijuana card, asked defendant to help move the plants to his new home.
• Defendant went to Albritton's former apartment, where Albritton identified the marijuana plants that needed to be moved.
• Defendant carried three or four marijuana plants from Albritton's upstairs apartment down to defendant's own Jeep.
• Defendant loaded the plants into the back of his Jeep along with some of Albritton's other belongings.
• With Albritton in the passenger seat, defendant began driving the Jeep towards Albritton's new home.
• While driving, defendant took evasive maneuvers to avoid a police car that was following them.
• When stopped by an officer, defendant admitted they were being evasive because they "didn't want to get stopped and have to answer any questions about the marijuana."

Procedural Posture:

• The state charged defendant with possessing marijuana in an Oregon circuit court (trial court).
• At the conclusion of his trial, defendant moved for a judgment of acquittal, arguing the evidence was insufficient to prove he legally 'possessed' the marijuana.
• The trial court denied the motion and, sitting as the trier of fact, found defendant guilty.
• Defendant (appellant) appealed the judgment to the Oregon Court of Appeals.
• A divided en banc Court of Appeals affirmed the trial court's judgment of conviction.
• The Oregon Supreme Court granted the defendant's (petitioner's) petition for review.