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STATE v. ESCALANTE

No. 17371.

769 P.2d 593 (1989)

115 Idaho 716

STATE of Idaho, Plaintiff-Respondent, v. Raul ESCALANTE, Defendant-Appellant.

Court of Appeals of Idaho.

February 22, 1989.

Attorney(s) appearing for the Case

Michael J. Wood, Twin Falls, for defendant-appellant.

Jim Jones, Atty. Gen., Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.

PER CURIAM.

In a trial to the district court, after having waived his right to a jury, Raul Escalante was found guilty of two counts of delivery of a controlled substance. The state's evidence showed that Count I, delivery of marijuana, had occurred on December 30, 1986, prior to the Unified Sentencing Act, and that Count II, delivery of cocaine, had occurred after the effective date of the Act. I.C. § 19-2513. Accordingly, the district court sentenced Escalante...

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