People v. Killian

Defendant pled guilty to a charge of delivery of cocaine. MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv) and MCL 333.7214(a)(iv); MSA 14.15(7214)(a)(iv). He was sentenced to a prison term of 4 to 20 years and appeals by right claiming entrapment, a claim not waived by his guilty plea. People v White, 411 Mich 366, 387; 308 NW2d 128 (1981).

The existence of the entrapment defense rests on the premise that the government should not be permitted to instigate the commission of a crime in order to prosecute someone for committing it. Sherman v United States, 356 US 369, 372; 78 S Ct 819; 2 L Ed…