Bernard Campbell was charged with trafficking in cocaine, but a jury found him guilty only of the lesser included offense of possession of cocaine. Following the denial of his motion for new trial, Campbell appeals, arguing that the trial court erred in refusing to instruct the jury on the affirmative defense of entrapment and that his trial counsel was ineffective in failing to present evidence of entrapment. We find no error and affirm. The evidence showed that a confidential informant was told by a drug dealer that Campbell could sell him drugs. The informant contacted Campbell who agreed to sell the informant crack cocaine. Police recorded the conversation and arranged for the informant and Campbell to meet at a Kroger store for the exchange. When the informant arrived, Campbell was not there. The informant called Campbell who explained that he had left because the informant was late. Campbell agreed to return, and when he arrived to meet the informant, they argued because Campbell did not have the crack but wanted the informant to ride with him to get the drugs. After some discussion, Campbell left and returned with a passenger. The passenger got out of the car, handed the informant the crack cocaine, and accepted the informant’s money. The informant then signaled for police, who subsequently arrested both Campbell and his passenger.
1. Campbell argues that the trial court erred in failing to instruct the jury on entrapment. It is reversible error to fail to give an instruction on an affirmative defense supported by the evidence. Hinton v. State , 236 Ga. App. 140, 141 511 SE2d 547 1999. And “whether the evidence presented is sufficient to authorize the giving of a charge is a question of law.” Citations and punctuation omitted. Id.
