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STATE v. ALLEN

No. 00-0041.

633 N.W.2d 752 (2001)

STATE of Iowa, Appellee, v. Theodore ALLEN, Jr., Appellant.

Supreme Court of Iowa.

As Amended on Denial of Rehearing October 3, 2001.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Tricia A. Johnston, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Kevin Cmelik, Assistant Attorney General, John P. Sarcone, County Attorney, and Stephanie Cox, Assistant County Attorney, for appellee.

NEUMAN, Justice.

Defendant, Theodore Allen, appeals his conviction for aiding and abetting the delivery of a controlled substance, cocaine. See Iowa Code § 124.401(1)(c)(3) (1997). His claim for reversal rests on application of the "procuring agent defense," a theory recognized in State v. Lott, 255 N.W.2d 105 (Iowa 1977), but neither applied in that case nor in subsequent Iowa cases in which it has been raised...

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