968 P.2d 324 (Nev. 1998), 29078, Salgado v. State

Docket Nº:29078.
Citation:968 P.2d 324, 114 Nev. 1039
Opinion Judge:[7] The opinion of the court was delivered by: Per Curiam.
Party Name:Juan SALGADO, Appellant, v. The STATE of Nevada, Respondent.
Attorney:[6]
Case Date:November 25, 1998
Court:Supreme Court of Nevada
 
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Page 324

968 P.2d 324 (Nev. 1998)

114 Nev. 1039

Juan SALGADO, Appellant,

v.

The STATE of Nevada, Respondent.

No. 29078.

Supreme Court of Nevada.

November 25, 1998.

Page 325

Michael R. Specchio, Public Defender, and John Reese Petty, Chief Deputy Public Defender, Washoe County, for Appellant.

Frankie Sue Del Papa, Attorney General, Carson City; Richard A. Gammick, District Attorney, and Gary H. Hatlestad, Deputy District Attorney, Washoe County, for Respondent.

OPINION

PER CURIAM.

After a jury trial, appellant Juan Salgado was convicted of one count of trafficking in a controlled substance. He claims that the district court erroneously admitted evidence of his prior drug transactions without requiring the state to prove those acts by clear and convincing evidence as required by Petrocelli v. State, 101 Nev. 46, 692 P.2d 503 (1985), and its progeny.

FACTS

The state's main witness at trial was Chad Hambel, who had been arrested for and charged with drug trafficking. In the hope of receiving a more lenient sentence, Hambel agreed to assist the state and identified Salgado as a drug source.

According to Hambel's testimony, on May 30, 1995, Hambel called Salgado and asked to buy some methamphetamine. They agreed to meet at the Wal-Mart in Reno. Narcotics unit officers rigged Hambel with recording equipment and gave him $800.00 in marked bills. Hambel met Salgado at the Wal-Mart and gave him $500.00. Salgado left and returned forty-five minutes later. He and Hambel walked inside the store and into a restroom. Salgado gave Hambel a package containing about an ounce of methamphetamine, and Hambel gave Salgado an additional $260.00.

Police later stopped the car that Salgado was riding in. Jose Barragan was driving the car. Police arrested both men, but later released Barragan. Police found some of the marked bills on Salgado.

Salgado's defense was that he was only a procuring agent and did not profit from the sale. He testified that he met Hambel at work and considered him a friend; that Hambel asked him for help in getting drugs; and that he introduced Hambel to the actual sellers. Salgado maintained that he himself never sold contraband to Hambel. More particularly, Salgado claimed that on the second encounter at the Wal-Mart, he was accompanied by Barragan and that it was Barragan who sold the methamphetamine to Hambel in a...

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