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STATE of Iowa, Appellee, v. Jonathan W. BATTEN, Appellant.

PER CURIAM:

On this appeal from a conviction and sentence for a violation of § 204.401(a), The Code, Chief Justice MOORE and Justices LeGRAND, UHLENHOPP and HARRIS favor affirming the judgment of the trial court. Justices MASON, RAWLINGS, REYNOLDSON and McCORMICK favor a reversal. Justice REES takes no part.

As the court stands equally divided, the judgment is AFFIRMED by operation of law under § 684.10, The Code.

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STATE v. BATTEN
(Feb 16, 1977)