People v. McGhee

BABCOCK, Judge.

Following a second jury trial, defendant, J.B. McGhee, was convicted of sale of narcotic drugs. Before McGhee’s first trial, which resulted in mistrial because the jury was unable to reach a verdict, the trial court rejected a proposed plea agreement between McGhee and the prosecutor. On appeal, McGhee seeks reversal of the conviction. Concluding there was error in the giving of certain instructions, we reverse and remand for new trial.

On March 19, 1980, an undercover police officer went to a Denver shoeshine parlor accompanied by an informant for the purpose of purchasing…