State v. Sanchez

OPINION

JACOBSON, Presiding Judge.

This appeal questions the giving of “preliminary” instructions to the jury, whether the defense of entrapment was established as a matter of law and whether the instruction on entrapment was erroneous.

*229The appellant, Henry Ray Sanchez, was charged with the sale of heroin in violation of A.R.S. § 36-1002.02 and after a trial to a jury was found guilty.

The evidence giving rise to this conviction shows that the defendant was approached by an undercover agent purportedly interested in purchasing heroin. After the defendant indicated he could obtain the narcotic,…