State v. Smith

Defendant appeals his conviction for possession of a controlled substance, ORS 475.992(4)(b), assigning error to the trial court’s failure to give a jury instruction on the defense of entrapment. Reviewing the evidence in the light most favorable to the establishment of facts that would require such an instruction, Carter v. Mote, 285 Or 275, 279, 590 P2d 1214 (1979), we reverse.

On September 13, 1988, a United Parcel Service (UPS) driver attempted to deliver a next-day air delivery parcel addressed to “Dick Smith” at “345 S. 14th, Apt. A, St. Helens, Oregon,” but learned that no one by that…