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STATE v. CARR

No. 75,018.

23 Kan. App.2d 384 (1997)

931 P.2d 34

STATE OF KANSAS, Appellee, v. TIMOTHY A. CARR, SR., Appellant.

Court of Appeals of Kansas.

Opinion filed January 17, 1997.

Attorney(s) appearing for the Case

Alice A. Craig, assistant appellate defender, and Jessica R. Kunen, chief appellate defender, for appellant.

Thomas J. Schultz, assistant district attorney, Nola Foulston, district attorney and Carla J. Stovall, attorney general, for appellee.

Before ELLIOTT, P.J., KNUDSON, J., and WAHL, S.J.

KNUDSON, J.:

Timothy Carr appeals his conviction of one count of sale of cocaine. He claims that the trial court gave an erroneous jury instruction on his defense of entrapment.

K.S.A. 21-3210 codifies the entrapment defense. It provides:

"A person is not guilty of a crime if his criminal conduct was induced or solicited by a public officer or his agent for the purposes of obtaining evidence to prosecute such person, unless:

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