State v. Tubbs

OPINION

FIDEL, Chief Judge.

Defendant procured crack cocaine for an undercover policeman. Though defendant did not know his buyer’s identity, defendant argues on appeal that, as the officer’s agent, he is statutorily exempt from prosecution. We reject this inventive argument and affirm defendant’s conviction for unlawful sale of a narcotic drug.

HISTORY

On March 21, 1991, defendant Arlie G. Tubbs flagged down an undercover police officer and entered the officer’s car uninvited. When defendant asked the officer what he was looking for, the officer replied that he was looking for “a twenty rock”—…