State v. Manns

745 S.W.2d 768, 1988 Mo. App. LEXIS 77, 1988 WL 3240
CourtMissouri Court of Appeals
DecidedJanuary 19, 1988
DocketNo. 15135
StatusPublished
Cited by7 cases

This text of 745 S.W.2d 768 (State v. Manns) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Manns, 745 S.W.2d 768, 1988 Mo. App. LEXIS 77, 1988 WL 3240 (Mo. Ct. App. 1988).

Opinion

FLANIGAN, Judge.

A jury found defendant John Earl Manns guilty of two charges of selling marijuana, four charges of selling cocaine, and one charge of distribution and delivery of marijuana. On the last-named conviction he was sentenced, as a prior and persistent offender, to 10 years’ imprisonment, that sentence to run consecutively to the six concurrent sentences of 20 years each imposed on the other six convictions. All of the preceding sentences run consecutively to other sentences now being served. Defendant appeals.

The information, which also included the prior and persistent offender allegations, nay be summarized as follows:

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I April 6, 1986 Sale of marijuana Trooper Wilson

II April 19, 1986 Sale of cocaine Trooper Wilson

III May 8, 1986 Sale of cocaine Officer Maples

IV May 30, 1986 Sale of cocaine Officer Ijames

V June 3, 1986 Sale of cocaine Officer Ijames

VI June 3, 1986 Sale of marijuana Officer Ijames

VII June 4, 1986 Distribution and delivery of marijuana Officer Ijames

Defendant’s first point is that the trial court erred in refusing to give, at defendant’s request, an entrapment instruction with respect to Counts I through VI. An entrapment instruction was given with respect to Count VII. It is the position of defendant that the evidence was sufficient to support an entrapment instruction on each of the first six counts.

“An ‘entrapment’ is perpetuated if a law enforcement officer or a person acting in cooperation with such an officer, for the purpose of obtaining evidence of the commission of an offense, solicits, encourages or otherwise induces another person to engage in conduct when he was not ready and willing to engage in such conduct.” § 562.066.2.1

Missouri follows the “subjective” test on entrapment, which focuses on the “origin of intent” to commit the crime with emphasis on the predisposition of the accused. State v. Willis, 662 S.W.2d 252, 254 (Mo. banc 1983). The subjective test, in addition to requiring a showing of inducement to engage in unlawful conduct, also requires a showing of defendant’s lack of predisposition to commit the offense. State v. Wells, 731 S.W.2d 250, 251 (Mo.banc 1987). This requires an examination of defendant’s background “and his reluctance to commit the offense.” Id.

“The statute, § 562.066, requires proof of both inducement to engage in unlawful conduct and an absence of a willingness to engage in such conduct.” (Emphasis in original.) State v. Willis, supra, at 255. “[I]t is the defendant’s initial burden to go forward with evidence showing both unlaw[770]*770ful governmental inducement and defendant’s lack of predisposition. The State then has the burden of proving lack of entrapment beyond a reasonable doubt. The State may do so by rebutting either defendant's evidence of inducement or by showing his predisposition.” Id.

“In deciding if the evidence supports the submission of an entrapment instruction, the court should confine itself to the testimony favorable to defendant.... The jury alone must pass upon the credibility of the witnesses.” (Emphasis added.) State v. Wells, supra, at 251.

Except to the limited extent that defendant’s fifth point challenges the conviction on Count VII, defendant does not claim that the evidence is insufficient to support the verdict. All of the offenses occurred at defendant’s home at 630 Missouri in Springfield. In each instance, the buyer of the controlled substance was an undercover law enforcement officer.

On April 6, 1986, Trooper Wilson, accompanied by “a confidential informant,” went to defendant’s home. Wilson told defendant he was there to purchase one ounce of marijuana and that if defendant did not trust him, Wilson would leave. Defendant said he knew Wilson’s companion and trusted him. The informant told defendant that Wilson “was trustworthy enough to deal with.” Defendant remarked to Wilson that he (defendant) had to be careful “because there are a lot of undercover police around.” Wilson testified, “After defendant felt comfortable with me, he was not reluctant at all to sell drugs to me.” Defendant told Wilson he would sell him one ounce of marijuana for $120. Defendant walked to a back bedroom, followed by Wilson. On a small table in the bedroom was a set of scales, graduated in grams. Also on the table was “a rather large pile of marijuana.” Defendant weighed out 29 grams, “bagged it,” and gave it to Wilson in return for $120.

On April 19, Trooper Wilson again went to defendant’s home. In addition to defendant, two other black men were there. Wilson told defendant he wanted to buy another ounce of marijuana. Defendant said he did not have any marijuana at that time, but did have some cocaine which he would sell for “$60 a half-gram.” Wilson asked defendant if he had a gram or two half-grams, and defendant said he did. Wilson said he would like to see it. Defendant walked to the same bedroom and “within seconds” came back with two aluminum foil packets. Wilson opened one of the packets. It contained a paper packet which in turn contained a white powder. As Wilson examined it, defendant pointed out certain characteristics about it. “There was a hard substance of cocaine in there which [defendant] called rock — a pure form.” Defendant told Wilson that he bought cocaine in “8-ball quantities” — ⅛ of an ounce — and that he did not dilute it or “cut it in any way,” but just divided it into smaller quantities for sale. Wilson told defendant he would take it, and paid defendant $120. As Wilson was leaving, defendant asked him if Wilson “shot it intravenously.” Wilson told him he did not. Defendant said one of the men there, “Doc,” would “shoot [Wilson] up painlessly if [Wilson] wanted to try it intravenously.”

On May 7, Officer Maples went to defendant’s home. Maples, with whom defendant was not acquainted, asked defendant if he had drugs for sale and defendant said, “Yes.” Defendant told Maples he was interested in trading two grams of cocaine for a weapon, preferably a .357 Magnum. Maples told defendant he would see what he could do and would contact him the next day.

On May 8, Maples, with another undercover officer, went to defendant’s house. Maples told defendant that the supplier of the gun wanted to test the cocaine, and defendant gave Maples a sample of less than a quarter of a gram for that purpose. Maples told defendant “he wanted to buy a quarter gram for his personal use,” and defendant sold Maples an additional quarter gram of cocaine for $25. Defendant told Maples he wanted to kill a business associate, Dino, who had “messed him up on another drug deal.”

On May 30, Officer Ijames, accompanied by David Van Winkle, went to defendant’s [771]*771home. A boy admitted the two men to the kitchen. A woman came in and she and the two men discussed “various things, including the price of cocaine.” A few minutes later, defendant came in from the bedroom and “talked about cocaine and pricing.” Defendant said “all he had was a 50-cent piece — meaning a price of $50.” Ijames paid defendant $50 and defendant gave him the cocaine.

On June 3, Officer Ijames went to defendant’s home and knocked.

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Cite This Page — Counsel Stack

Bluebook (online)
745 S.W.2d 768, 1988 Mo. App. LEXIS 77, 1988 WL 3240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-manns-moctapp-1988.