State v. Tomlinson

McCORMICK, Justice.

Defendant appeals conviction and sentence for delivery of cocaine in violation of § 204.401(1), The Code. He contends the trial court erred in refusing to instruct the jury on his defense of entrapment. We reverse the trial court.

In State v. Mullen, 216 N.W.2d 375, 382 (Iowa 1974), we adopted an objective test for the defense of entrapment. We held entrapment occurs when a law enforcement agent induces the commission of the offense, using persuasion or other means likely to cause normally law-abiding persons to commit it. Conduct merely affording a person an opportunity to…