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State Utah v. Victor Ontiveros

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eBook details

  • Title: State Utah v. Victor Ontiveros
  • Author : Supreme Court Of Utah
  • Release Date : January 09, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 55 KB

Description

DURHAM, Justice: Appellant Victor Ontiveros was convicted in the Fourth Judicial District in Utah County of distribution of a controlled substance for value in violation of U.C.A., 1953, § 58-37-8(1)(a)(ii). The questions on appeal concern the sufficiency of the evidence to support the conviction and a claim that the defendant was entrapped by an undercover narcotics officer. We reverse. During most of 1982, Officer Richard Mack of the Provo Police Department worked as an undercover officer disguised as a taxi cab driver. 1 Mack was the only witness called by the State. He testified that two or three weeks before June 10, 1982, he was called by one Billy Roberts, who had already sold some drugs to Mack and did not know that Mack was actually a police officer. Roberts told Mack that he knew where they could both get some drugs. Mack said he was interested, picked up Roberts and drove to Victor Ontiveros' home in Springville. There Roberts introduced Mack to Ontiveros as someone interested in buying some mushrooms, a form of hallucinogenic drug. Ontiveros responded that he did not have any at the time, that he was dry, but that he was expecting to get some later. Mack told Ontiveros that he drove a cab and gave him his business card. Mack also asked him when he would be getting some mushrooms or other drugs. Ontiveros responded that it would be later and that Mack would have to get back in touch with him then.


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