England v. State

OPINION

SAM BASS, Justice.

This appeal is taken from a conviction for delivery of a controlled substance. Appellant, England, was sentenced to five-years confinement and a fine of $10,000.

We reverse.

England was convicted of delivering 1000 “hits” of lysergic acid diethylamide (LSD) to a police informant on June 1, 1990. The fact of delivery was not disputed, but England asserted the defense of entrapment. The trial judge allowed testimony about two prior sales of LSD by England to the informant, Victor Ayala. Counsel for England made a running objection to “any matters outside the parameters of…