Stephens v. State

Banke, Judge.

The defendant appeals his conviction for selling phencyclidine in violation of the Controlled Substances Act.

An undercover G. B. I. agent testified that she went to the defendant’s home to purchase phencyclidine from him after talking to two of his friends and learning that she could obtain the drug there. Prior to trial, defense counsel filed a motion in limine, asking that the state not be allowed to argue the hearsay portion of this testimony “for any purpose other than the explanation of [the agent’s] conduct.” The district attorney responded, “If we do enter that, we enter…