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STATE v. FIXEL

Nos. 860151, 860173.

744 P.2d 1366 (1987)

STATE of Utah, Plaintiff and Respondent, v. Dennis FIXEL, Defendant and Appellant. (Two Cases)

Supreme Court of Utah.

October 20, 1987.

Attorney(s) appearing for the Case

Gregory M. Warner, Salt Lake City, for defendant and appellant.

David L. Wilkinson, David B. Thompson, Salt Lake City, for plaintiff and respondent.

HALL, Chief Justice:

Following nonjury trials, defendant was convicted of distributing a controlled substance for value in violation of Utah Code Ann. § 58-37-8(1)(a)(ii) (1986) (amended 1987) and distributing a controlled substance for no value in violation of Utah Code Ann. § 58-37-8(1)(c) (1985) (amended 1986; repealed 1987). Because defendant's arguments are the same in both cases, we consolidated his appeals.

On March 5, 1985, Provo City, Utah...

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