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STATE v. EICKELBERG

No. 96-808.

574 N.W.2d 1 (1997)

STATE of Iowa, Appellee, v. Natalie Ann EICKELBERG, Appellant. STATE of Iowa, Appellee, v. David Scott MERCER, Appellant.

Supreme Court of Iowa.

Rehearing Denied January 30, 1998.

Attorney(s) appearing for the Case

Timothy A. Lynch of Van Orsdel, Lynch, Rouse & Curran, L.C., Des Moines, for appellant Mercer.

F. John Spellman, Des Moines, for appellant Eickelberg.

Thomas J. Miller, Attorney General, Roxann M. Ryan, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Kim Griffith, Assistant County Attorney, for appellee.

Considered en banc.

SNELL, Justice.

Defendants appeal from their convictions for being in the immediate possession or control of a firearm while participating in the manufacture of marijuana in violation of Iowa Code sections 124.401(1)(d) and 124.401(1)(e) (1995). We affirm.

I. Background Facts and Proceedings

On March 18, 1995, defendant David Mercer made an emergency 911 telephone call requesting medical assistance for his girl-friend, defendant Natalie Eickelberg...

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