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STATE v. MOORE

No. 93-1985.

529 N.W.2d 264 (1995)

STATE of Iowa, Appellee, v. Deon Lee MOORE, Appellant.

Supreme Court of Iowa.

February 22, 1995.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Annette L. Hitchcock, Asst. State Appellate Defender, for appellant.

Thomas J. Miller, Atty. Gen., Sheryl A. Soich and Angelina M. Smith, Asst. Attys. Gen., Thomas J. Ferguson, County Atty., and Raymond Walton, Asst. County Atty., for appellee.

Considered by CARTER, P.J., and LAVORATO, NEUMAN, SNELL, and TERNUS, JJ.

TERNUS, Justice.

Defendant, Deon Moore, appeals his conviction following a bench trial of delivery of a controlled substance. See Iowa Code § 124.401(1)(c) (1993). He contends there is insufficient evidence of delivery to support his conviction. He claims no delivery occurs when drugs are transferred from a person in physical possession of the drugs to one having constructive possession of the drugs. We disagree and so affirm.

"When a defendant...

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