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STATE v. PEREZ

No. 12143.

579 P.2d 127 (1978)

99 Idaho 181

STATE of Idaho, Plaintiff and Respondent, v. Jose PEREZ and Cirilo Morin Mata, aka Chino, Defendants and Appellants.

Supreme Court of Idaho.

May 19, 1978.

Attorney(s) appearing for the Case

Dennis E. Goff of Smith, McDonald & Goff, Nampa, for defendants and appellants.

Wayne L. Kidwell, Atty. Gen., P. Mark Thompson, Asst. Atty. Gen., Gordon S. Nielson, Senior Deputy Atty. Gen., Lynn E. Thomas, Deputy Atty. Gen., Boise, for plaintiff and respondent.

BISTLINE, Justice.

Jose Perez and Cirilo Morin Mata appeal from their jury conviction of unlawful delivery of a controlled substance, heroin. The evidence at trial showed that the sale was made to an undercover narcotics agent working for the City-County Narcotics Division of Canyon County. On the evening in question the agent, Fazio, received from his superior, Lt. Galland, $50 in recorded currency with which to make a narcotics purchase. Fazio then drove to pick...

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