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STATE v. ALBO

Nos. 15351, 15352.

584 P.2d 906 (1978)

The STATE of Utah, Plaintiff and Respondent, v. David Edward ALBO, Defendant and Appellant.

Supreme Court of Utah.

September 15, 1978.

Attorney(s) appearing for the Case

Lynn R. Brown of Salt Lake Legal Defender Ass'n, Salt Lake City, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Michael L. Deamer, Deputy Atty. Gen., Craig L. Barlow, Asst. Atty. Gen., R. Paul Van Dam, Salt Lake County Atty., Salt Lake City, for plaintiff and respondent.

ELLETT, Chief Justice:

The appellant, Albo, was tried jointly with Gayle Boone and both were convicted by a jury. Boone appealed and his conviction was affirmed by this Court on July 11, 1978.1 See that case for the facts underlying the charge herein.

An undercover agent arranged with Boone to pay $1,000.00 for one ounce of tetrahydrocanibol, the active ingredient in marijuana which is a controlled drug. An arrangement was made...

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