State v. Robinson

WALDEN, Judge.

Leo Robinson and Time Moses McFadden were charged with a criminal offense, the sale of heroin. They pleaded not guilty and sought jury trial.

Pretrial, Robinson filed a written motion to dismiss the charges on the ground that he was entrapped. McFadden then filed his motion to dismiss on grounds that he did not sell, offer to sell, or deliver any drugs.

After a full evidentiary hearing, the trial court dismissed both cases. It was thereby apparently determined, as a matter of law, that these motions had merit. Since McFadden’s motion — really asking for a pretrial determination of…