STATE v. TUBBS

No. 1 CA-CR 91-1566.

173 Ariz. 127 (1992)

840 P.2d 303

STATE of Arizona, Appellee, v. Arlie G. TUBBS, Appellant.

Court of Appeals of Arizona, Division 1, Department D.

October 8, 1992.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Appeals Section, and Diane M. Ramsey, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by James L. Edgar, Deputy Public Defender, Phoenix, for appellant.


OPINION

FIDEL, Chief Judge.

Defendant procured crack cocaine for an undercover policeman. Though defendant did not know his buyer's identity, defendant argues on appeal that, as the officer's agent, he is statutorily exempt from prosecution. We reject this inventive argument and affirm defendant's conviction for unlawful sale of a narcotic drug.

HISTORY

On March 21, 1991, defendant Arlie G. Tubbs flagged down an undercover police officer...

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