The defendant, G. Michael Deering, appeals from the judgment of conviction entered in the Superior Court (Penobscot County, Smith, J.) on a jury verdict finding him guilty of trafficking in a scheduled drug, 17-A M.R.S.A. § 1103 (1983 & Supp. 1991). 1 For the first time by this appeal Deering challenges the admission of certain evidence in the course of the trial of the charge against him and the court’s instructions to the jury, and contends that he was denied his sixth amendment right of compulsory process for obtaining witnesses in his favor. Deering also contends that the trial court erred in not allowing him to submit in evidenсe a tape recording and that the evidence is insufficient to support his conviction. We find no error in the record and affirm the judgment.
Deering elected to proceed pro se at the trial of this matter. The jury found him guilty of thе charge after hearing, inter alia, the following evidence: On September 17, 1990, officers working for the Bureau of Intergovernmental Drug Enforcement (BIDE) equipped an informant with an electronic transmitter and sent him to the apartment of David Dunbar in Bangor for the purpose of making a controlled drug purchase. Dunbar was not at home, but his roommate led the informant to Deer-ing’s apartment where Dunbar was visiting. After preliminary negotiations with Deering, the informant gave Deering one hundred dollars for one gram of cocaine. Deering telephoned a supplier and left the apartment. Half an hour later, Deering returned to the apartment and delivered' three quarters of a gram of cocaine to the informant with twenty dollars change. One of the BIDE officers located outside the apartment building at the time observed an unidentified person leave the apartment area on a motorcycle that was determined to be registered to Deering and return within approximately one-half hour.
Deering first contends he was denied a fair triаl because his criminal history was revealed in an SBI report that was attached to the police report admitted in evidence as his Exhibit 2.
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A defendant may not later cоmplain about the effect of evidence he has introduced.
See State v. Glidden,
Although in this case the court had repeatedly cautioned Deering that the police report was highly prejudicial, Deering insisted that it be admitted in evidence. Because Deering had marked up his copy of the report, the court directed that a clean copy be made from one in the possession of a detective who was testifying for the State. The detective’s copy, unlike Deer-ing’s, had a copy of the SBI report attached. Both reports were reproduced and at the insistence of Deering admitted in evidence. -Deering does not contend that either the court or the prosecutor was aware that the SBI report was attached to the police report. Although Dеering in his final argument to the jury made reference to his past criminal record, it is unclear from the record before us whether Deering was aware of the attached SBI rеport. Accordingly, on this record we cannot say
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that admission in evidence of the police report deprived Deering of a fair trial.
See State v. True,
Deering contends that the procedure used in the out-of-court identification of him was impermissibly suggestive and that it taints the in-court identification. We have previously stated that “[a]s a general rule, we will not consider аn issue on appeal unless it was raised in the trial court and the record on appeal is sufficient to allow an informed review of the questions involved.”
State v. Goodine,
Deering next contends that the court erred in its instructions to the jury. First, he argues that the court should have instructed on the “procuring agent” defense. A pаrty is not entitled to an instruction unless it states the law correctly.
State v. Davis,
Deering further contends that his sixth amendment
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right was violated when one of his witnesses exercised his fifth amendment
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right against self-incrimination and refused tо testify. We have previously stated that “[t]o show a violation of his constitutional right, the defendant must demonstrate how the testimony would have been both material and favorable to his defense.”
State v. Willoughby,
The court allowed Deering to introduce in evidence the tape recording of the informant’s conversation with him but denied *975 the admission of a tape recording of a later conversation between the parties concerning a separate attempted drug transaction. There is nothing in this record establishing any relevance of the second tape to the charge against Deering, and the court properly so ruled.
Finally, Deering contends that the evidence is insuffiсient to support his conviction. The applicable standard is “whether, based on that evidence viewed in the light most favorable to the prosecution, any trier of fact rationally could find beyond a reasonable doubt every element of the offense charged.”
State v. Barry,
The entry is:
Judgment affirmed.
All concurring.
Notes
. Section 1103 provides in relevant part:
1. A person is guilty of unlawful trafficking in a scheduled drug if he intentionally or knowingly trafficks in what he knows or believes to be any scheduled drug, and which is, in fact, a scheduled drug....
. The SBI report was prepared by the State Bureau of Identification, an agency of the Maine State Poliсe, and showed Deering’s criminal convictions for the sale of LSD, assaults, and unauthorized use of property, as well as numerous other charges that had not resulted in convictions.
. The amendment secures to a defendant in a criminal proceeding the right "to have compulsory process for obtaining witnesses in his favor.” U.S. Const, amend. VI.
. The amendment protects a person against being "compelled in any criminal case to be a witness against himself.” U.S. Const, amend. V.
