Sumner v. State

John E. Jennings, Judge.

Harvey Sumner was found guilty by a Hempstead County jury of possession of marijuana with intent to deliver and possession of cocaine with intent to deliver. Sumner was sentenced to a total of nineteen years imprisonment.

On appeal four arguments are made: (1) that the trial court improperly refused to instruct the jury on entrapment; (2) that the court improperly commented on the evidence; (3) that the court erred in denying appellant’s motion for directed verdict; and (4) that the court improperly failed to consider probation as an alternative. We must reverse and…