Burgess v. State

Andrews, Judge.

Ronald Burgess was indicted and convicted for selling and distributing a noncontrolled substance representing it to be a controlled substance and for attempting to elude a police officer and appeals. Evidence at trial was that Burgess sold a substance which he represented to be methamphetamine (“crank”) to an undercover agent. The substance was not methamphetamine, but was a mixture containing niacinamide, a vitamin, and a decongestant.

At trial, Burgess admitted that he sold the undercover agent the substance; his defense was entrapment. There was conflicting testimony as to…