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STATE v. McDANIEL

No. 59505.

265 N.W.2d 917 (1978)

STATE of Iowa, Appellee, v. Wayne A. McDANIEL, Appellant.

Supreme Court of Iowa.

May 17, 1978.

Attorney(s) appearing for the Case

Cahill, Johnston, Poula & Goetz, Iowa City, for appellant.

Richard C. Turner, Atty. Gen., J. Susan Carney and Harold A. Young, Asst. Attys. Gen., and David W. Newell, County Atty., for appellee.

Considered en banc.

McCORMICK, Justice.

Defendant appeals his convictions and sentences on three counts of delivery of a controlled substance in violation of § 204.401(1), The Code. The substances were marijuana, pentobarbital and phenobarbital. His trial was bifurcated under procedures delineated in State v. Monroe, 236 N.W.2d 24 (Iowa 1975). He contends that the trial court, Werling, J., erred in several respects in the first proceeding...

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