Forrester v. State
| Docket Number: | 2006-KA-00748-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 12-11-2007 Opinion Author: Lee, P.J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Sale of cocaine - Entrapment instruction Judge(s) Concurring: KING, C.J., MYERS, P.J., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE, ROBERTS AND CARLTON, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 01-17-2006 Appealed from: Clay County Circuit Court Judge: James T. Kitchens, Jr. Disposition: CONVICTED OF SELLING COCAINE AND SENTENCED TO EIGHTEEN YEARS IN THE CUSTODY OF THE MISSISSIPPI DEPARTMENT OF CORRECTIONS WITH FIVE YEARS OF POST-RELEASE SUPERVISION, AND PAY A $5,000 FINE District Attorney: Forrest Allgood Case Number: 8714 |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | RICKY FORRESTER |
JEFFREY J. HOSFORD |
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| Appellee: | STATE OF MISSISSIPPI | OFFICE OF THE ATTORNEY GENERAL BY: BILLY L. GORE | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Sale of cocaine - Entrapment instruction |
| Summary of the Facts: | Ricky Forrester was convicted of selling cocaine. Forrester was sentenced to eighteen years with five years post-release supervision. He appeals. |
| Summary of Opinion Analysis: | Forrester argues that he was entitled to submit an entrapment instruction to the jury. Whether the entrapment defense should be submitted to the jury depends upon whether there is credible evidence in the record supporting such a defense. Entrapment instructions are not necessary where a defendant was merely asked to sell the substance and he was caught. Forrester admitted that he had sold marijuana twenty-three years ago. Forrester admitted that he began using cocaine approximately six years prior to trial. Forrester admitted that he was the supplier when he and another unnamed friend frequently used drugs together. Forrester testified that no one forced him to purchase the cocaine. From Forrester’s own testimony, a rational jury could not find he was induced through persistent entreaties by law enforcement officials to commit the offense. Therefore, the instruction was properly denied. |
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