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STATE v. GESSLER

No. 2 CA-CR 3290.

142 Ariz. 379 (1984)

690 P.2d 98

The STATE of Arizona, Appellant, v. Gerard Martin GESSLER, Mark Warren Bargar, William Hamilton Prust, Michael David McCarthy, and Robert Thomas Jackson, Appellees.

Court of Appeals of Arizona, Division 2.

Review Denied October 30, 1984.

Attorney(s) appearing for the Case

Stephen D. Neely, Pima County Atty. by William R. Stevens, Jr., Tucson, for appellant.

Walter B. Nash III, Tucson, for appellee Gessler.

Michael L. Piccarreta, Tucson, for appellee Bargar.

Peter Keller, Tucson, for appellee Prust.

Roger Auerbach, Tucson, for appellee McCarthy.

Frederic J. Dardis, Pima County Public Defender by Lawrence Fleischman, Tucson, for appellee Jackson.

OPINION

HOWARD, Judge.

This case presents a question of first impression for consideration by Arizona courts: whether existing Arizona law precludes undercover narcotics agents from offering to sell or pretending to sell narcotics or marijuana to predisposed persons who have expressed an interest in making such purchases. The trial court found that existing Arizona law precludes such activity. We do not agree.

The charges in the instant action stem...

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