Henrichs v. State

• Citation: 455 N.E.2d 599
• Decision Date: 17 November 1983
• Docket Number: No. 183S17,183S17
• Parties: Douglas A. HENRICHS, Appellant, v. STATE of Indiana, Appellee.
• Court: Indiana Supreme Court

Page 599

455 N.E.2d 599

Douglas A. HENRICHS, Appellant, v. STATE of Indiana, Appellee.

No. 183S17.

Supreme Court of Indiana.

Nov. 17, 1983.

Straley M. Thorpe, Munster, for appellant.

Linley E. Pearson, Atty. Gen., Michael Gene Worden, Deputy Atty. Gen., Indianapolis, for appellee.

PIVARNIK, Justice.

Defendant-Appellant Douglas A. Henrichs was found guilty by a Lake Superior Court jury of two counts of class B felony Dealing in a Narcotic drug, Ind.Code Sec. 35-48-4-1 (Burns Supp.1983). The trial court sentenced him to twelve years imprisonment. Appellant now directly appeals to challenge the sufficiency of the evidence by which he was convicted.

The facts adduced at trial show that Appellant was a drug addict when the instant criminal events transpired. On September 9, 1981, Hammond Police Corporal James Lawson accompanied John Moore, a confidential informant, into the Someplace Else Tavern in Cedar Lake, Indiana. Once inside said Tavern, Lawson and Moore seated themselves next to Appellant at the bar. Moore introduced Appellant to Lawson. Appellant thereupon suggested that they go outside the tavern to prevent anyone from overhearing their discussion. Once outside, Appellant stated that he could obtain three $45.00 bags of cocaine in Chicago Heights. Lawson was instructed to wait in the Tavern. Appellant subsequently telephoned Lawson and instructed him to meet for their exchange at a nearby pharmacy. Lawson and Moore proceeded to said Pharmacy and drove up alongside of Appellant. They opened the side door of their van and Appellant entered and produced three bags of cocaine. Stating that he knew that he could be arrested for a hand-to-hand sale, Appellant placed the cocaine on the floor. Lawson paid the requested $125.00. When Lawson questioned why the packets were "light", Appellant explained that he had "pinched" them. Appellant also informed that the cocaine was good and that the price for cocaine in future buys would be better. Appellant then exited the van and scene. On October 1, 1981, Corporal Lawson and two other police officers entered the Someplace Else Tavern. Corporal Lawson testified that he walked to where Appellant was seated at the bar and told Appellant that he desired more cocaine. Appellant agreed to procure two $60.00 bags for him. Appellant again said that he would have to make the purchase in Chicago Heights which would take approximately two hours. Lawson waited in the bar for instructions. Appellant subsequently telephoned and informed Lawson to leave $120.00 with the bartender. The cocaine was placed and found inside the door of Lawson's van.

Appellant now specifically argues that the State did not present sufficient evidence to rebut his entrapment defense. Entrapment is an affirmative defense defined as follows:

"(a) It is a defense that:

(1) the prohibited conduct of the person was the product of a law enforcement officer, or his agent, using persuasion or other means likely to cause the person to engage in the conduct; and

(2) the person was not predisposed to commit the offense.

(b) Conduct merely affording a person an opportunity to commit the offense does not constitute entrapment."

Ind.Code Sec. 35-41-3-9 (Burns 1979). See also Williams v. State, (1980) Ind., 409 N.E.2d 571; Johnson v. State, (1971) 255 Ind. 589, 266 N.E.2d 57, reh. denied. When an entrapment defense is raised, this Court must make a two-part inquiry: (1) Did police officers or their agents initiate and actively participate in the criminal activity, and (2) Is there evidence that the accused was predisposed to commit the crime so that the proscribed activity was not solely the idea of the police officials. Cyrus v. State, (1978) 269 Ind. 461, 381 N.E.2d 472, cert....