State v. Hernandez

OPINION

TIMMER, Presiding Judge

¶ 1 Robert A. Hernandez appeals his conviction and sentence for sale of narcotic drugs, a class two felony, and argues that the trial court erred by refusing to instruct the jury on the defense of entrapment. We must determine whether the evidence produced at trial sufficiently supported the proposed instruction. We conclude that because Hernandez failed to demonstrate that a law enforcement agent originated the idea of the drug sale, the trial court did not err by refusing to instruct the jury on entrapment. We therefore affirm.

BACKGROUND

¶ 2 In 1998, Viking…