Submitted October 29, 2015
County Circuit Court 11CR0410 Richard L. Barron, Judge.
Gartlan, Chief Defender, and Stephanie J. Hortsch, Deputy
Public Defender, Offce of Public Defense Services, fled the
brief for appellant.
F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor
General, and Peenesh H. Shah, Assistant Attorney General,
fled the brief for respondent.
Armstrong, Presiding Judge, and Hadlock, Chief Judge, and
appeals his conviction for delivery of a controlled substance
(DCS) and the determination of his guilt for possession of a
controlled substance (PCS). On appeal, he argues that the
trial court erred by admitting evidence of text messages that
police offcers found on a cell phone because those messages
were inadmissible hearsay. While acknowledging and making no
substantive argument against the applicability of the OEC
801(4)(b)(B) "adoptive admission" exception to the
defnition of hearsay, defendant narrowly argues that the
trial court did not admit the evidence as falling within that
trial court admitted the text messages as adoptive admissions
under OEC 801(4)(b)(B). Accordingly, the sole argument that
defendant makes on appeal does not present a basis for
Or.App. 686] HADLOCK, C. J.
was found guilty of having committed multiple crimes,
including possession of a controlled substance (PCS) and
delivery of a controlled substance (DCS). Both the PCS charge
and the DCS charge arose from a commercial transaction
involving hydrocodone. On appeal, defendant challenges his
conviction for DCS and the determination of guilt on the PCS
charge, arguing that the trial court erred by admitting
evidence of text messages that police officers found on a
cell phone. We affirm.
narcotics investigation that led to the charges against
defendant began with a traffic stop of defendant's car in
January 2011. Trooper Looney, who assisted another trooper
during that stop, searched the car with defendant's
consent. Looney found-inside a speaker box-bags of marijuana,
a digital scale with marijuana residue, and empty sandwich
bags. Defendant's phone "was ringing
constantly" as Looney searched the car, "almost non
stop, call after call after call."
months later, Looney responded to the location of another
traffic stop involving defendant; this time, the stopped
vehicle was a pickup truck that defendant had been driving.
Looney advised defendant that he was wanted on a warrant,
handcuffed him, and advised him of his Miranda
rights. Defendant consented to a search of the truck, but
said that if Looney "found anything illegal, it's
not his." On the driver's seat of the truck, Looney
found a prescription pill bottle that contained two knotted
baggies that were "consistent with packing for * * *
illicit delivery." The name on the bottle was not
defendant's. Later ...