State v. Kainz

SAND, Justice.

The defendant, Gary Kainz, was found guilty by the court of having delivered a controlled substance, cocaine, in violation of North Dakota Century Code § 19-03.1-23(l)(a) and was sentenced to five years in the North Dakota State Penitentiary. A judgment of conviction was issued and entered from which the defendant appealed.

Various motions and proceedings took place before the trial court, culminating in the case being heard by the court on the following stipulation of facts: 1

“An agent of the Drug Enforcement Unit, more specifically Dale Maixner, had in September of 1980…