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STATE v. MOGAN

627 A.2d 527 (1993)

STATE of Maine v. Tammy MOGAN.

Supreme Judicial Court of Maine.

Decided July 1, 1993.

Attorney(s) appearing for the Case

Janet Mills, Dist. Atty., David Fisher, Asst. Dist. Atty., Auburn, for the State.

William Maselli, Auburn, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS, RUDMAN and DANA, JJ.

ROBERTS, Justice.

Tammy Mogan was convicted of selling marijuana to Officer Winston McGill, a special agent with the Bureau of Intergovernmental Drug Enforcement, in violation of 17-A M.R.S.A. § 1103 (Supp.1992). Mogan was charged with aggravated trafficking of marijuana, the aggravating factor being trafficking within 1,000 feet of a school. See 17-A M.R.S.A. § 1105(1)(E) (Supp. 1992). Because the State presented insufficient evidence that the conduct...

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