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State v. Romero-Garcia

Court of Appeals of Idaho
75 P.3d 1209 (2003)


Facts

A confidential informant (CI) working with the police department arranged to purchase cocaine through Mario Romero-Garcia (defendant). Police followed the CI while the CI met Romero-Garcia at Romero-Garcia’s residence. The pair drove to an apartment complex where Romero-Garcia went into one of the apartments and later returned to the vehicle with a high-level drug dealer. The drug dealer agreed to sell the CI an ounce of cocaine for $800. In exchange for his role in the transaction, Romero-Garcia received $200. The drug dealer was convicted of trafficking in cocaine and failing to affix illegal-drug tax stamps to the cocaine he sold. Romero-Garcia was convicted of aiding and abetting trafficking in cocaine and aiding and abetting failure to affix the illegal-drug tax stamps. Romero-Garcia appealed the conviction regarding the failure to affix illegal-drug tax stamps on the grounds that: (1) the evidence was insufficient to support the conviction, and (2) the jury instructions failed to properly convey the appropriate mental state required.

Rule of Law

Issue

Holding and Reasoning (Perry, J.)

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