Martinez v. State

OPINION

SOSA, Justice.

Defendant was convicted of trafficking in heroin. He argues that the trial court erred in refusing to instruct the jury on entrapment. The conviction was affirmed by the Court of Appeals. We reverse.

Defendant testified that an undercover agent had approached him on a couple of occasions, and asked to buy heroin from the defendant. These requests were refused. On a subsequent occasion the agent again approached the defendant, but this time for the purpose of procuring marijuana. Defendant agreed to obtain marijuana for the agent, so they drove to the house of a narcotics…