STATE v. SPRAGUE

No. 18975.

680 P.2d 404 (1984)

STATE of Utah, Plaintiff and Respondent, v. Thomas Lowell SPRAGUE, Defendant and Appellant.

Supreme Court of Utah.

March 23, 1984.


Attorney(s) appearing for the Case

Sheldon R. Carter, Provo, for defendant and appellant.

David L. Wilkinson, Atty. Gen., J. Stephen Mikita, Asst. Atty. Gen., Salt Lake City, for plaintiff and respondent.


HALL, Chief Justice:

Defendant appeals his conviction of distribution of a controlled substance (marijuana) for value,1 contending that he was entrapped and that the trial court erred in receiving certain evidence. We reverse.

On August 19, 1982, around 10:00 p.m., defendant and a friend were sitting in a park-like area across from the Manti Temple, conversing. Undercover agents James Tauffer and Ed Spann saw the two and approached...

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