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White v. State

Defendant's testimony that he purchased cocaine from the undercover officer on his own initiative rebutted his claim that the officer used defendant's common-law wife as an informant to entrap him.

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A jury found Brian Charles White guilty of one count of trafficking in cocaine and one count of possession of cocaine with intent to distribute, and two counts of possessing and selling cocaine. On appeal he enumerates as error the denial of his motion for directed verdict and the court’s jury instruction on the law of entrapment.

1. White contends that the trial court erred in denying his motion for directed verdict of acquittal, arguing the State failed to rebut his defense of entrapment. A detective purchased cocaine twice from White, including once through an informant White’s former live-in girlfriend. In the first transaction on May 14, 1998, the informant made the exchange of cocaine and money between White and an undercover detective. In the second transaction on May 22, 1998, the same undercover detective went to White’s home with another detective and purchased less than an ounce of cocaine. Detectives then obtained a search warrant for White’s home where they found more than $2,000 in cash and about 40 grams of cocaine on White’s person.

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