State v. Gonzalez

SANDSTROM, Justice.

[¶ 1] Eduardo Miguel Gonzalez appeals from a criminal judgment and commitment finding him guilty of conspiracy to deliver a controlled substance. Because the district court erred in denying Gonzalez’s N.D.R.Crim.P. 29 motion for judgment of acquittal, we reverse his conviction.

I

[¶ 2] An informant for the North Dakota Bureau of Criminal Investigation telephoned Gonzalez three or four times, attempting to set up a drug transaction. The informant testified Gonzalez agreed to meet him to sell him an “eight ball,” or one-eighth ounce of cocaine. According to Gonzalez, the…