STATE v. HERNANDEZ

No. 1 CA-CR-00-0763.

29 P.3d 877 (2001)

200 Ariz. 530

STATE of Arizona, Appellee, v. Robert A. HERNANDEZ, Appellant.

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

August 14, 2001.


Attorney(s) appearing for the Case

Janet Napolitano, Arizona Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section and Robert A. Walsh, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender by Paul J. Prato, Deputy Public Defender, Phoenix, Attorneys for Appellant.


OPINION

TIMMER, Presiding Judge

¶ 1 Robert A. Hernandez appeals his conviction and sentence for sale of narcotic drugs, a class two felony, and argues that the trial court erred by refusing to instruct the jury on the defense of entrapment. We must determine whether the evidence produced at trial sufficiently supported the proposed instruction. We conclude that because Hernandez failed to demonstrate that a law enforcement agent originated the idea...

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