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State v. Ott

Court of Appeals of North Carolina

October 7, 2014

STATE OF NORTH CAROLINA
v.
MELISSA LEE OTT

Heard in the Court of Appeals August 13, 2014.

Rowan County. No. 11 CRS 55731-32, 55734.

Attorney General Roy Cooper, by Special Deputy Attorney General Oliver G. Wheeler, IV, for the State.

James R. Glover for defendant-appellant.

Robert C. HUNTER, Judge. Judges DILLON and DAVIS concur.

OPINION

Page 531

HUNTER, Robert C., Judge.

Appeal by defendant from judgment entered 5 July 2013 by Judge Julia L. Gullett in Rowan County Superior Court.

Defendant Melissa Lee Ott appeals from the judgment entered after a jury convicted her of: (1) trafficking in 28 grams or more of opium by sale; (2) trafficking in 28 grams or more of opium by possession; and (3) possession of opium with the intent to sell and deliver. On appeal, defendant argues that the trial court erred by denying her request to instruct the jury on the defense of entrapment.

After careful review, because defendant offered sufficient evidence of entrapment, the trial court erred in refusing to instruct the jury on the defense of entrapment. Accordingly, we vacate the judgment and remand for trial.

Background

In 2011, Emily Eudy (" Eudy" ), a friend of defendant, contacted the Rowan County Sheriff's Office and offered to serve as a confidential informant in an attempt to receive a more lenient sentence for her pending drug charges. Eudy informed Rowan Sherriff's Detective Jay Davis (" Detective Davis" ) that defendant had narcotics for sale and agreed to introduce an undercover officer to defendant to make a purchase. Eudy and defendant had been friends for about one year.

On 27 July 2011, the Rowan County Sherriff's office provided Detective Kevin Black (" Detective Black" ) with an undercover vehicle, $150 in special funds, and a recording device. Detective Black drove Eudy to defendant's house. According to the audio/video recording which was shown to the jury at trial, the following interaction took place: defendant told Detective Black that she usually only dealt drugs to six people and asked Detective Black to pull ...


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