Legal Opinion
People v. Owczarzak
Michigan Court of Appeals
Decided July 1, 1985No. Docket 78942PublishedCited by 3 opinions
1Opinion of the CourtM. F. Sapala, J.
After a nonjury trial, defendant was convicted of delivery of the controlled substance marijuana, MCL 333.7401(2)(c); MSA 14.15(7401)(2)(c). Defendant subsequently pled guilty as a third-time felony offender, MCL 769.11; MSA 28.1083. Defendant was sentenced to imprisonment for 18 months to 6 years, and he appeals as of right.
Defendant argues that he was entrapped. A claim of entrapment is resolved at a separate evidentiary hearing at which defendant bears the burden of proving entrapment by a preponderance of the evidence. The trial judge’s decision is subject to appellate review under the…
2Cases cited7 opinions
- United States v. RussellSupreme Court of the United States · 1973
- Sherman v. United StatesSupreme Court of the United States · 1958
- People v. TurnerMichigan Supreme Court · 1973
- People v. D'AngeloMichigan Supreme Court · 1977
- People v. StanleyMichigan Court of Appeals · 1976
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- State v. OgdenSupreme Court of Vermont · 1993
- People v. MooreMichigan Court of Appeals · 1989
- People v. JonesMichigan Court of Appeals · 1988