State v. Goodroad

442 N.W.2d 246, 1989 S.D. LEXIS 101, 1989 WL 67523
CourtSouth Dakota Supreme Court
DecidedJune 21, 1989
Docket16372
StatusPublished
Cited by26 cases

This text of 442 N.W.2d 246 (State v. Goodroad) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Goodroad, 442 N.W.2d 246, 1989 S.D. LEXIS 101, 1989 WL 67523 (S.D. 1989).

Opinions

WUEST, Chief Justice.

Defendant, Alvin H. Goodroad, was found guilty of possessing one-half pound or more of marijuana, in violation of SDCL 22-42-6. He was sentenced to two years imprisonment in the South Dakota State Penitentiary. We affirm defendant’s conviction.

In February, 1988, a South Dakota Division of Criminal Investigation (DCI) agent was notified that James Feeney (Feeney) had purchased a quantity of marijuana from an individual in the Black Hills area. A warrant to search Feeney’s house was obtained and a subsequent search uncovered the marijuana. Thereafter, Feeney entered a plea bargain, agreeing to plead guilty to felonious possession of marijuana and to cooperate with law enforcement officers in naming persons who previously had trafficked narcotics.

Pursuant to this agreement, Feeney identified defendant as his major supplier of marijuana in Sioux Falls, South Dakota. Feeney indicated he had an ongoing relationship with defendant regarding narcotics transactions. Under this relationship, defendant typically sold Feeney one-half pound of marijuana approximately every six to eight weeks. The transactions were frequently conducted on a credit basis. On March 11, 1988, Feeney, acting under the supervision of the DCI, telephoned defendant and inquired as to whether he had any marijuana for sale. Defendant indicated he had none, but he expressed an interest in purchasing from Feeney marijuana that he previously sold to him. Feeney agreed to sell defendant one-half pound of marijuana for $600. Arrangements were made for a friend of Feeney to contact defendant and deliver the marijuana at a later date.

Phil Niedringhaus (Niedringhaus), a DCI agent, contacted defendant on March 18, 1988. Niedringhaus, posing as Feeney’s friend, told defendant he had a “package” to deliver. Defendant indicated he would pay Feeney at a later date and arrangements were made to meet at a local restaurant parking lot to complete the transaction.

On March 19, 1988, defendant met Nied-ringhaus as previously arranged. Niedrin-ghaus brought with him two packages of marijuana which he previously had offered to defendant. Each package weighed slightly more than one-half pound. Defendant selected only one package. After taking the marijuana into his possession, defendant left Niedringhaus’ automobile and started to walk across the parking lot to his vehicle. It was at that point that he was called back to the undercover vehicle and placed under arrest.

Defendant waived a jury trial and was found guilty after a court trial. He now appeals his conviction, raising three issues. He first contends that the conduct of the law enforcement officers resulted in his entrapment as a matter of law. He next claims that the trial court erred in allowing the state to introduce evidence of his previous marijuana dealings with Feeney. Finally, defendant argues that the evidence introduced at trial was insufficient to warrant a finding that he was guilty of possessing one-half pound or more of marijuana, in violation of SDCL 22-42-6.

[249]*249In his first contention, defendant asserts that he was induced to engage in the unlawful possession of marijuana by the conduct of law enforcement officers. The law on entrapment is well-settled in South Dakota. This court previously has defined entrapment as “the inducement of one to commit a crime not contemplated by him for the mere purpose of instituting criminal proceedings against him.” State v. Moeller (Moeller I), 388 N.W.2d 872, 874 (S.D.1986), affd on rehearing, 396 N.W.2d 320 (S.D.1986), (quoting State v. Williams, 84 S.D. 547, 551, 173 N.W.2d 889, 891 (1970)). To determine the validity of an entrapment defense, South Dakota applies the subjective, origin of the intent test. This test seeks to establish whether the intent to commit the crime originated with the accused or with the state. Under the test, entrapment exists if the evidence reveals that the accused was not predisposed to commit the crime, but instead was “an innocent person lured into committing a crime.” Moeller I, 388 N.W.2d at 874 (iquoting State v. Nelsen, 89 S.D. 1, 8, 228 N.W.2d 143, 147 (1975)). Entrapment, as a matter of law, is not established when there is substantial evidence from which it may be inferred that the criminal intent originated in the defendant’s mind. Moeller I, 388 N.W.2d at 874; Williams, 84 S.D. at 553, 173 N.W.2d at 892. See also State v. Moeller (Moeller II), 396 N.W.2d 320 (S.D.1986). “On appeal, we consider the evidence bearing on the entrapment issue in the light most favorable to upholding the conviction.” Id. at 321.

There are two components to successfully establishing entrapment as a defense. “The defendant must show police inducement to commit the crime and that he was not predisposed to commit the specific criminal act.” Moeller I, 388 N.W.2d at 874-75 (quoting State v. Iverson, 364 N.W.2d 518, 528 (S.D.1985)). In addition, it is said that there are four principal inducements which may locate the intent in the government rather than the accused. These inducements are friendship, sympathy, offers of excessive amounts of money, and appeals to a narcotic’s habit. Moeller I, 388 N.W.2d at 875; State v. Nagel, 279 N.W.2d 911, 916 (S.D.1979). We previously have stated that the defendant, in addition to showing such inducement, must also show that “ ‘undue, prolonged or persistent pressures were exerted against him, ... that this inducement was dangled in front of him’[,] ... or that he was ‘played upon’....” Moeller I, 388 N.W.2d at 875 (iquoting Nelsen, 89 S.D. at 10-11, 228 N.W.2d at 148). In determining whether a defendant was predisposed to commit the specific criminal act, the facts surrounding the transaction are relevant. Moeller I, 388 N.W.2d at 875. Also relevant are several definite criteria such as whether the defendant suggested the crime and his readiness to commit the crime and familiarity with the criminal activity. Id.

Applying the foregoing rules to the present case, we hold that the defense of entrapment was not established as a matter of law. An examination of the facts surrounding the marijuana transaction shows that defendant was not an innocent person lured into committing a crime. None of the principal inducements which indicate that the criminal intent originated in the law enforcement officers can be found. There were no appeals to friendship, sympathy, or a narcotic’s need. No big sacks of money were offered to defendant. In addition, defendant was not relentlessly pressured into entering or completing the transaction. He merely was presented with an opportunity to disobey the law.

Furthermore, defendant has failed to prove he was not predisposed to commit the offense with which he was charged. His ready response to Feeney’s offer to sell, coupled with his obvious familiarity with dealing in marijuana, is indicative of his preexisting intent.

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Cite This Page — Counsel Stack

Bluebook (online)
442 N.W.2d 246, 1989 S.D. LEXIS 101, 1989 WL 67523, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-goodroad-sd-1989.