Gilberth v. State

DOWNEY, Judge.

Appellant, Stephen Gilberth, seeks reversal of his conviction for possession of cocaine and sentence of forty-two months’ imprisonment. He contends the trial court committed reversible error in 1) denying his motion for a judgment of acquittal due to insufficient evidence that the subject of the purchase was contraband, 2) in allowing incompetent testimony from a chemist, and 3) in refusing to instruct the jury on entrapment.

The evidence reveals that the Ft. Pierce Police Department was involved in a reverse sting operation which netted appellant. The state’s evidence is that…