Love v. State

OPINION

Appellant John Franklin Love was charged with two counts of trafficking in a controlled substance and two lesser counts of possession of a controlled substance. At trial, Love admitted to possession, but defended the trafficking charges on the ground that he was a procuring agent for his friend Peggy Bertozzi. The district court refused to instruct the jury that the prosecution has the burden of disproving procuring agency beyond a reasonable doubt and instructed the jury that the procuring agent defense did not apply unless Bertozzi was acting as an informant when she initiated the…