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STATE v. KOURBELAS

No. 16875.

621 P.2d 1238 (1980)

The STATE of Utah, Plaintiff and Respondent, v. James (Jim) KOURBELAS, Defendant and Appellant.

Supreme Court of Utah.

November 28, 1980.

Attorney(s) appearing for the Case

David B. Havas, Ogden, for defendant and appellant.

Robert B. Hansen, Atty. Gen., Olga Agnello-Raspa, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.

CROCKETT, Chief Justice:

Defendant James Kourbelas was convicted by a jury of distribution of a controlled substance.1 He was sentenced to serve not more than a five-year prison term. The sentence was suspended and he was placed on probation. The issue raised on appeal is whether the evidence of entrapment necessarily creates a reasonable doubt as to the defendant's guilt.

On June 13, 1979, the defendant and some friends were boating...

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