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STATE v. SIMPSON

No. 89-426.

592 A.2d 891 (1991)

STATE of Vermont v. Coryell E. SIMPSON.

Supreme Court of Vermont.

April 12, 1991.

Attorney(s) appearing for the Case

Philip R. Danielson, Chittenden County Deputy State's Atty., and Michael Kurt, Law Clerk, Burlington, on the brief, for plaintiff-appellant.

Walter M. Morris, Jr., Defender Gen., and David J. Williams, Appellate Atty., Montpelier, for defendant-appellee.

Before ALLEN, C.J., GIBSON, DOOLEY and MORSE, JJ., and PECK, J. (Ret.), Specially Assigned.

MORSE, Justice.

The State appeals dismissal of charges against defendant for selling marijuana, arguing that his federal due process rights were not violated when an informant suggested that she could buy drugs from defendant and then did so on a contingent-fee basis as an agent of the police. We agree and therefore reverse.

In the late summer of 1988, a woman approached a Burlington police officer with the idea of becoming a "cooperating individual,"

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