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Police saw Cota and Loomer walking on the street. Cota walked across the street to a park and hand Shulark two dollars. In return, Shulark placed a small amount of marijuana into Cota's bandana. Cota then walked back across the street to where Loomer stood. Cota, Loomer, and Shulark were indicted. The state argued that Cota bought the marijuana from Shulark in order to sell to Loomer. The trial court directed a verdict in favor of Loomer and on the sale count in favor of Cota. The state then argued that Cota was an accomplice of Shulark in the transfer of the marijuana to himself. The jury found Cota guilty and sentenced him to 3.5 years in prison. Cota (D) appealed.

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