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STATE v. KEMP

No. 03-1785.

688 N.W.2d 785 (2004)

STATE of Iowa, Appellee, v. Rusty Shannon Lee KEMP, Appellant.

Supreme Court of Iowa.

November 10, 2004.

Attorney(s) appearing for the Case

Linda Del Gallo, State Appellate Defender, and Theresa R. Wilson, Assistant State Appellate Defender, for appellant.

Thomas J. Miller, Attorney General, Bruce C. Kempkes, Assistant Attorney General, John P. Sarcone, County Attorney, and Stephan Bayens, Assistant County Attorney, for appellee.

CARTER, Justice.

Defendant, Rusty Kemp, appeals, following a bench trial, from his conviction of possession of marijuana in violation of Iowa Code section 124.401(5) (2001). He contends that the district court erred in failing to grant his motion for judgment of acquittal. Specifically, defendant argues the district court relied on an impermissible presumption to support his conviction and that when properly viewed the...

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