People v. Terry

Mr. PRESIDING JUSTICE TRAPP

delivered the opinion of the court:

Defendant was convicted of the sale of a substance represented as a controlled substance upon a jury verdict. He appeals the conviction and the sentence of 2 to 6 years.

Defendant asserted the defense of entrapment at trial and upon appeal ruges that the prosecution failed to rebut his evidence of that defense beyond a reasonable doubt.

Entrapment is a valid affirmative defense if established by the evidence. (People v. Dollen, 53 Ill. 2d 280, 290 N.E.2d 879.) Section 3— 2(b) of the Criminal Code of 1961 (Ill. Rev. Stat. 1973, ch.…