Sipp v. State

DAUKSCH, Judge.

This is an appeal from a conviction for sale of a substance in lieu of a controlled substance. The statute is found under Chapter 817 “Fraudulent Practices” and declares that “it is unlawful for any person to agree, consent, or in any manner offer to unlawfully sell to any person a controlled substance ... and then sell to such person any other substance in lieu of such controlled substance.”

The facts of this case are that appellant offered to sell marijuana to a person who, unknown to him, was a policeman. The parties agreed upon a price, the appellant showed the policeman…