Justice McINTYRE delivered the opinion of the court.
The appellant was tried and convicted in district court on two indictments: (1) possession with intent to deliver a controlled substance (marihuana); and (2) delivery of a controlled substance (marihuana). On appeal defendant first asserts he was denied a fair trial because he was tried on two separate indictments arising out of the same circumstance; and a conviction and sentencing on both indictments constituted...
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