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STATE v. LANGE

No. 92-381.

495 N.W.2d 105 (1992)

STATE of Iowa, Appellant, v. Brian Joseph LANGE, Appellee.

Supreme Court of Iowa.

As Amended on Denial of Rehearing January 22, 1993.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., Ann E. Brenden, Asst. Atty. Gen., Thomas J. Ferguson, County Atty., and Henry Bevel and Kim Griffith-Dunn, Asst. County Attys., for appellant.

Thomas P. Frerichs of Fulton, Frerichs, Morton & Andres, P.C., Waterloo, for appellee.

Considered by McGIVERIN, C.J., and LARSON, SCHULTZ, LAVORATO, and ANDREASEN, JJ.

ANDREASEN, Judge.

The State appeals from a district court order dismissing the charge of failure to affix a drug tax stamp in violation of Iowa Code chapter 421A (1991) against defendant on double jeopardy grounds. Defendant was previously convicted for manufacture of a controlled substance arising out of the same facts. The State contends the district court erred in concluding defendant's resistance to consolidating the two charges did not waive double jeopardy protection...

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