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Graham v. State

The Court found no undue persuasion warranting a charge on entrapment where the CI told the defendant of his own financial distress and that he needed to sell drugs for money.

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After a jury trial, Charles Douglas Graham was convicted of sale of cocaine, and two counts of sale of 3,4-methylenedioxymethamphetamine ecstasy. On appeal, Graham raises the single enumeration of error that his convictions should be reversed because the trial court refused his request to charge the jury on the defense of entrapment. Construed in favor of the verdict, the evidence shows that Officer Andy Smith of the City of Gainesville Police Department testified that he and another officer visited Christopher Rivera Sanchez “Rivera” at his home in June 2007 and asked him to work for the police as a confidential informant, after learning that Rivera had been arrested for possession of a sawed-off shotgun and was a member of BOE 23, a street gang. Smith told Rivera that if he provided information about the gang, or purchased guns, stolen items, or drugs from someone in the gang, Smith would talk to the district attorney about Rivera’s case and ask that a lighter sentence be imposed on Rivera’s gun charge. Smith maintained that no one ever offered to dismiss Rivera’s charge or threatened to add more charges to coerce him into participating.

Smith recalled that Rivera brought up Graham’s name, which piqued the officers’ interest because they knew that Graham was the leader of BOE. Rivera told them that on the day that he was arrested on the gun charge, Graham had 60 ecstasy tablets in his possession. Smith asked Rivera if he could buy some ecstasy tablets from Graham, and Rivera said he would try. Smith left his business card with Rivera. Later on that same day, Rivera called Smith and told him that he could buy a gun from Graham. Rivera also told the officers that Graham was holding a meeting at a mobile home park to discuss having different leaders in the gang represent different territories in Hall County.

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