State v. Martinez, 691
Decision Date | 16 July 1971 |
Docket Number | No. 691,691 |
Parties | STATE of New Mexico, Plaintiff-Appellee, v. Raymond A. MARTINEZ, Defendant-Appellant. |
Court | Court of Appeals of New Mexico |
Defendant appeals his conviction of four counts of unlawfully selling marijuana. Section 54--5--14, N.M.S.A.1953 (Repl.Vol. 8, pt. 2). The defendant claims he was entrapped as a matter of law and the trial court erred in submitting the issue of entrapment to the jury.
State v. Sanchez, 79 N.M. 701, 448 P.2d 807 (Ct.App.1968) states:
* * *'
Defendant testified that he never had anything to do with narcotics prior to the episodes involved in this case. He admitted the marijuana sales. In response to a question as to what conversations he had with Warren, the undercover agent, the defendant testified:
Defendant's testimony raises a factual issue as to whether the agent used 'undue persuasion or enticement to induce Defendant to commit the crime.' Entrapment did not occur merely because the undercover agent offered defendant an opportunity to involve himself in marijuana sales. In addition, there must be improper inducement. State v. Akin, 75 N.M. 308, 404 P.2d 134 (1965); State v. Roybal, 65 N.M. 342, 337 P.2d 406 (1959). According to defendant, he was having 'financial difficulties.' He gave the agent's suggestion his 'most consideration for almost a month or two' before deciding to obtain the marijuana and 'finally' agreed to involve himself in marijuana for a profit. This testimony raised a factual issue as to whether the...
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