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227 N.C. App. 170
N.C. Ct. App.
2013
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Background

  • 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)
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Case Details

Case Name: State v. Thomas
Court Name: Court of Appeals of North Carolina
Date Published: May 7, 2013
Citations: 227 N.C. App. 170; 742 S.E.2d 307; 2013 WL 1882281; 2013 N.C. App. LEXIS 460; No. COA12-979
Docket Number: No. COA12-979
Court Abbreviation: N.C. Ct. App.
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