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STATE v. GONZALEZ

No. 990257.

606 N.W.2d 873 (2000)

2000 ND 32

STATE of North Dakota, Plaintiff and Appellee, v. Eduardo Miguel GONZALEZ, a/k/a Edwardo Gonzalez, Defendant and Appellant.

Supreme Court of North Dakota.

February 22, 2000.

Attorney(s) appearing for the Case

Brett M. Shasky, Assistant State's Attorney, Fargo, N.D., for plaintiff and appellee.

Douglas W. Nesheim of Wegner, Fraase, Nordeng, Johnson & Ramstad, Fargo, N.D., for defendant and appellant.

SANDSTROM, Justice.

[¶ 1] Eduardo Miguel Gonzalez appeals from a criminal judgment and commitment finding him guilty of conspiracy to deliver a controlled substance. Because the district court erred in denying Gonzalez's N.D.R.Crim.P. 29 motion for judgment of acquittal, we reverse his conviction.

I

[¶ 2] An informant for the North Dakota Bureau of Criminal Investigation telephoned Gonzalez three or four times, attempting to set up a drug...

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