Santiago v. People
| Decision Date | 03 January 1977 |
| Docket Number | No. C--1027,C--1027 |
| Citation | 558 P.2d 441,192 Colo. 320 |
| Parties | Mary Esther SANTIAGO, Petitioner, v. The PEOPLE of the State of Colorado, Respondent. |
| Court | Colorado Supreme Court |
Rollie R. Rogers, Colorado State Public Defender, James F. Dumas, Jr., Chief Deputy State Public Defender, Thomas M. Van Cleave, III, Deputy State Public Defender, Denver, for petitioner.
J. D. MacFarlane, Atty. Gen., Jean E. Dubofsky, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., E. Ronald Beeks, Asst. Atty. Gen., Denver, for respondent.
The defendant was found guilty by a jury of unlawfully selling, and conspiring to sell, a narcotic drug. We granted certiorari to review the court of appeals decision, which affirmed the defendant's conviction. See People v. Santiago, Colo.App., 554 P.2d 710 (1976). The court of appeals held that the trial court properly refused to give an instruction requested by the defendant to the effect that should the jury find that defendant was acting as an agent of the purchaser, rather than the seller, she could not be found guilty of the offenses charged.
We reverse the judgment of the court of appeals. In People v. Fenninger, Colo., 552 P.2d 1018 (1976), we recently adopted the rule that the so-called 'procuring agent' defense is available to a defendant charged with offenses of sale and conspiracy to sell narcotics. The record here reveals considerable evidence that this defendant was acting solely on behalf of a buyer. On this basis, the defendant was entitled to the instruction requested by her and refused by the trial court.
Judgment reversed with directions to remand to the trial court for a new trial.
ERICKSON, J., does not participate.
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People v. McGhee
...acted solely as the agent for the buyer, the defendant is entitled to an instruction on the procuring agent defense, Santiago v. People, 192 Colo. 320, 558 P.2d 441 (1977), and the jury, as the sole judge of credibility, must determine the validity of the procuring agent defense. People v. ......
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