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IN THE COURT OF APPEALS OF IOWA No. 6-735 / 05-1296 Filed December 28, 2006

STATE OF IOWA, Plaintiff-Appellee, vs. DERRICK LAMONT COLE, Defendant-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Black Hawk County, James C. Bauch, Judge.

Derrick Cole appeals his judgment and sentence for possession of simulated controlled substances with intent to deliver. AFFIRMED.

Linda Del Gallo, State Appellate Defender, and Patricia Reynolds, Assistant Appellate Defender, for appellant. Thomas J. Miller, Attorney General, Karen Doland, Assistant Attorney General, Thomas J. Ferguson, County Attorney, and Brad P. Walz, Assistant County Attorney, for appellee.

Considered by Sackett, C.J., and Vaitheswaran, J., and Robinson, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2005).

2 VAITHESWARAN, J. Derrick Lamont Cole appeals his judgment and sentence for two counts of possession of simulated controlled substances with intent to deliver. Iowa Code

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