Schlabach v. State

HOFFMAN, Judge.

Appellant William Schlabach was tried by jury on one count of delivery of a controlled substance, IND.CODE § 35-48-4-2, a Class B felony. The jury returned a guilty verdict, and the court sentenced Schlabach to ten years incarceration. Schlabach now-appeals from the judgment of conviction.

At trial, Schlabach raised the issue of entrapment as an affirmative defense. He now contends that the State failed to prove beyond a reasonable doubt that he was predisposed to commit the offense charged.

The Indiana Legislature has chosen to recognize entrapment as a defense. IND. CODE §…