State v. Romero-Garcia

75 P.3d 1209 (2003)

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Nature of the Case

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Facts

A confidential informant (CI) arranged for a controlled cocaine purchase through D. The CI and D drove to the parking lot of an apartment. D exited the vehicle, walked to an apartment, and returned to the vehicle with a high-level drug dealer. The dealer agreed to sell the CI an ounce of cocaine and walked back to the apartment to obtain the drugs. The drug dealer returned and made the sale. D was paid $200 for his part. D and the drug dealer were tried, and the drug dealer was found guilty of trafficking in cocaine by knowingly and unlawfully delivering 28 grams or more to another person. The dealer was also found guilty of failing to affix illegal drug tax stamps to the cocaine he sold. D was charged with and found guilty of aiding and abetting trafficking in cocaine, and aiding and abetting the failure to affix drug tax stamps. D argues in part that the evidence was insufficient to support the verdict for aiding and abetting the failure to affix illegal drug tax stamps and that the district court improperly instructed the jury on that charge.