State v. Mendoza
State v. Mendoza
Opinion of the Court
*462Defendant appeals a judgment of conviction on one count of endangering the welfare of a minor, ORS 163.575 (1)(b) (making it a crime to knowingly permit a child "to enter or remain in a place where unlawful activity involving controlled substances" is maintained or conducted). She argues that the trial court should have granted her motion for a judgment of acquittal on that count, because the evidence was legally insufficient *279to prove that a principal or substantial use of her home-the place where she knowingly permitted children to enter and remain-was to facilitate unlawful drug activity. See State v. Gonzalez-Valenzuela ,
The state concedes that, in light of Gonzalez-Valenzuela , the evidence presented at trial was legally insufficient to support the conviction. We agree, accept the concession of error, and reverse the conviction.
Conviction for endangering the welfare of a minor reversed; otherwise affirmed.
Defendant was acquitted of a second count of endangering the welfare of a minor, and the judgment also disposes of that count. We do not disturb that part of the judgment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.