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ENGLAND v. STATE

No. 91-00511-CR.

856 S.W.2d 544 (1993)

Trace Gene ENGLAND, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Discretionary Review Granted September 22, 1993.

Attorney(s) appearing for the Case

Allen C. Isbell, Houston, for appellant.

John B. Holmes, Jr., Kimberly Aperauch Stelter, Pat Pattillo, Houston, for appellee.

Before SAM BASS, DUNN and WILSON, JJ.

OPINION

SAM BASS, Justice.

This appeal is taken from a conviction for delivery of a controlled substance. Appellant, England, was sentenced to five-years confinement and a fine of $10,000.

We reverse.

England was convicted of delivering 1000 "hits" of lysergic acid diethylamide (LSD) to a police informant on June 1, 1990. The fact of delivery was not disputed, but England asserted the defense of entrapment. The trial judge allowed testimony...

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