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State v. Romero-Garcia

Court of Appeals of Idaho

75 P.3d 1209 (2003)

Relevant factsFree

A confidential informant working with police arranged to buy cocaine through Mario Romero-Garcia (defendant), who brought a higher-level drug dealer to complete an $800 sale of an ounce of cocaine and received $200 for his role. The dealer was convicted of trafficking cocaine and failing to affix illegal-drug tax stamps, and Romero-Garcia was convicted of aiding and abetting both offenses. He appealed his tax-stamp conviction, arguing insufficient evidence and improper jury instructions on the required mental state.

IssueFree

Whether the culpable mental state required for aiding-and-abetting liability is typically the same as the mental state required for the underlying offense.

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