State v. Martinez

OPINION

BILLINGS, Presiding Judge:

Defendant was charged with two counts of distributing a controlled substance (cocaine), a second degree felony, in violation of Utah Code Ann. § 58-37-8 (1990).

Defendant’s pretrial motion to dismiss on the ground of entrapment was denied by the trial court after an evidentiary hearing. Defendant did not testify at the jury trial that followed, but through counsel admitted selling cocaine to the undercover police officer and relied solely on his entrapment defense. A jury found defendant not guilty on Count I and guilty on Count II. We affirm.

In November 1990,…