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STATE v. THOMAS

No. 95-1330.

547 N.W.2d 223 (1996)

STATE of Iowa, Appellee, v. David THOMAS, Appellant.

Supreme Court of Iowa.

April 17, 1996.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Andi S. Lipman, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Angelina M. Smith, Assistant Attorney General, William E. Davis, County Attorney, and Hugh J. Pries, Donald E. Frank and Robert Weinberg, Assistant County Attorneys, for appellee.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER, and TERNUS, JJ.

PER CURIAM.

The defendant, David L. Thomas, appeals the sentence imposed upon his guilty plea to possession with intent to deliver a controlled substance (cocaine base) in violation of Iowa Code section 124.401(1)(b)(3) (1995). Thomas contends the district court erred in failing to exercise its discretion to waive the one-third mandatory minimum prison sentence under Iowa Code section 124.413. We affirm.

Thomas was charged by trial information with possession...

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