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STATE v. HERRERA

Nos. 33241, 33284.

233 P.3d 147 (2009)

STATE of Idaho, Plaintiff-Respondent, v. Gabriel Carlos HERRERA aka Luis Montes Garcia, Defendant-Appellant. State of Idaho, Plaintiff-Respondent, v. Felipe De Jesus Oernelas-Perez aka William Omar Martinez-Sanchez, Defendant-Appellant.

Court of Appeals of Idaho.

Review Denied March 6, 2009.

Attorney(s) appearing for the Case

Stephen D. Thompson, Ketchum, for appellant Gabriel Carlos Herrera.

Nevin, Benjamin, McKay & Bartlett, LLP, Boise, for appellant Felipe Oernelas-Perez. Dennis Benjamin argued.

Hon. Lawrence G. Wasden, Attorney General; Lori A. Fleming, Kenneth K. Jorgensen, Deputies Attorney General, Boise, for respondent. Kenneth K. Jorgensen argued.

LANSING, Chief Judge.

Gabriel Carlos Herrera and Felipe De Jesus Oernelas-Perez were charged with conspiracy to traffic in heroin and conspiracy to traffic in cocaine. After a jury trial, they were convicted of conspiracy to traffic in heroin and the lesser offense of delivery of cocaine. In this consolidated appeal, Herrera and Oernelas-Perez contend that there was not sufficient evidence to support either the jury's instruction or the jury's finding as to the amount...

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