State v. Cripps

DURHAM, Justice:

Defendant appeals his conviction of distribution of a controlled substance (marijuana) in violation of U.C.A., 1953, § 58- 37-8(l)(a)(ii). The only issue is whether the trial court erred in its instruction to the jury on entrapment. We reverse and remand for a new trial.

On June 19, 1984, three undercover narcotics agents, including agent Ed Spann, became acquainted with Mike Pilling, the defendant’s roommate, at the Comic Book Lounge in Helper, Utah. Pilling invited the agents to a party at his and the defendant’s home following the close of the tavern that evening. Spann…