¶1(concurring in part; dissenting in part).
¶2I concur with all of the opinion except the merger analysis in Division IIIB. On the merger issue, I believe that under the analysis of lesser included offenses applied in State v. Turecek, 456 N.W.2d 219, 223 (Iowa 1990), the offense of delivery of cocaine was a lesser included offense within the ongoing-criminal-conduct charge. For the reasons stated in my special concurring opinion in State v. Daniels, 588 N.W.2d 682, 685 (Iowa 1998), that circumstance requires merger of the two offenses pursuant to section 701.9.