State v. Houston

RECHT, Justice.

The defendant, Chester Houston, was convicted in the Circuit Court of Upshur County of one count of delivery of a controlled substance (marijuana). Upon that conviction, the defendant was sentenced to one to five years in the West Virginia Penitentiary, which was suspended, with probation being granted conditioned upon serving 120 days in the Upshur County Jail.

On appeal, the defendant assigns as error the trial court’s refusal to direct a verdict of acquittal on the issue of entrapment; and the trial court’s imposition of a sentence that was excessive under the circumstances.…