State v. Saternus

Wade Saternus appeals from a judgment convicting him of delivering marijuana in violation of secs. 161.41(1) (b) and 161.14(4) (t), Stats., and an order denying his motion for a new trial. He contends that a reasonable juror could have misinterpreted the pattern jury instruction on entrapment, Wis JI — Criminal 780 (1971), to the detriment of his right to due process of law. Because the instruction correctly states Wisconsin law on the allocation of the burden of proof of entrapment, we affirm the judgment.

Saternus sold an ounce of marijuana to an undercover officer. The officer and his paid…