State v. Zaruba

HARRIS, Justice.

Defendant was charged and tried on two counts of delivery of a controlled substance. § 204.401(1), The Code 1979. He was acquitted on one count. On the other count he was convicted of the lesser included offense of an accommodation delivery. § 204.410. In this appeal, following sentence, he assigns four errors. One complains of the trial court’s refusal of a requested jury instruction. The other three assignments address the imposition of sentence. We affirm in part, reverse in part, and remand with instructions.

The prosecution’s key witness, James Sweeney, was an undercover…