MARTINEZ v. STATE

No. 11769.

580 P.2d 968 (1978)

91 N.M. 747

Mike MARTINEZ, Petitioner, v. STATE of New Mexico, Respondent.

Supreme Court of New Mexico.

Rehearing Denied July 13, 1978.


Attorney(s) appearing for the Case

Pickard & Singleton, Sarah Michael Singleton, Santa Fe, for petitioner.

Toney Anaya, Atty. Gen., Don Montoya, Asst. Atty. Gen., Anthony Tupler, Asst. Dist. Atty., Santa Fe, for respondent.


OPINION

SOSA, Justice.

Defendant was convicted of trafficking in heroin. He argues that the trial court erred in refusing to instruct the jury on entrapment. The conviction was affirmed by the Court of Appeals. We reverse.

Defendant testified that an undercover agent had approached him on a couple of occasions, and asked to buy heroin from the defendant. These requests were refused. On a subsequent occasion the agent again approached the defendant...

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