Ellzey v. State

Phipps, Judge.

After a jury trial, Hubert Kendle Ellzey III was convicted of criminal attempt to traffic in methamphetamine. On appeal, he contends that the court erred in denying his motion for acquittal and in refusing to charge the jury on entrapment. He also contends that the evidence was insufficient to support his conviction and that his trial counsel rendered ineffective assistance. We reverse Ellzey’s conviction based on the trial court’s failure to charge the jury on entrapment. Because the evidence was sufficient to support the verdict, the case can be retried. Ellzey’s claim of…