State v. Warburton

PERRY, Judge.

Charles T. Warburton appeals from his judgment of conviction for conspiracy to deliver a controlled substance, methamphetamine. For the reasons set forth below, we vacate the judgment.

I

FACTS AND PROCEDURE

In January 2003, Warburton asked a friend to purchase methamphetamine for him. The friend agreed and Warburton gave him the funds necessary 1 to purchase up to an ounce of methamphetamine. However, before the friend could purchase the methamphetamine Warburton had requested, the friend was arrested on drug charges. The friend became a confidential informant (Cl or Cl 198) for the…