Martinez v. Wyoming

943 P.2d 1178 (1997)

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Martinez v. Wyoming

Wyoming Supreme Court
943 P.2d 1178 (1997)

JL

Facts

A confidential informant contacted Ben Martinez (defendant), seeking to purchase morphine. The informant was wearing a wire and recorded several phone calls with Martinez. Martinez told the informant that he could get five to 10 vials of morphine, which would cost $200 each. The informant and Martinez agreed to meet and travel together to meet Martinez’s source. On the way to meet the source with the informant, Martinez stopped several times to call the source. Eventually, Martinez decided to leave the informant at a convenience store and go meet the source alone, with the purchase money provided by the informant. Martinez returned and told the informant that he decided not to go to the source because he saw police officers following him. At that point, police officers arrested Martinez, and the State of Wyoming (plaintiff) charged him with conspiring to deliver a controlled substance and attempting to deliver a controlled substance. The jury convicted Martinez on both counts, and Martinez appealed.

Rule of Law

Issue

Holding and Reasoning (Macy, J.)

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