227 N.C. App. 170
N.C. Ct. App.2013Background
- Thomas was indicted in Rowan County Superior Court on trafficking in opium or heroin by possession and by transportation, and felonious possession with intent to sell or deliver a controlled substance.
- Griggs, a store employee, had supplied Thomas with prescription pain pills for about nine months, totaling around 100 pills.
- On August 4, 2010, Griggs arranged a meeting to sell hydrocodone pills; a detective supplied Griggs with fourteen pills for the operation.
- Griggs met Thomas, exchanged fourteen pills for eighty dollars, and Thomas was arrested as he exited the grocery store parking lot.
- A subsequent vehicle search revealed the fourteen pills hidden in the driver’s seat after initial search found none; Griggs testified she helped set up the takedown, aided by Detective Meyers.
- The trial court convicted Thomas of trafficking by possession and by transportation, and possession of hydrocodone; judgment on hydrocodone possession was arrested; Thomas was sentenced to 70 to 84 months; he appealed solely on entrapment instruction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entrapment instruction requested or implied consideration | Thomas argues entrapment due to government origin of plan | Thomas contends officers induced crime and created criminal design | No entrapment, no error in omitting instruction |
Key Cases Cited
- State v. Stanley, 288 N.C. 19 (1975) (entrapment elements and test)
- State v. Walker, 295 N.C. 510 (1978) (predisposition and inducement requirements)
- State v. Redmon, 164 N.C. App. 658 (2004) (two elements of entrapment; must show inducement and law-originated design)
- State v. Broome, 136 N.C. App. 82 (1999) (entrapment requires both inducement and defendant's lack of predisposition)
