Martinez v. Wyoming

943 P.2d 1178 (1997)

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Nature of the Case

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Facts

A confidential informant contacted D, seeking to buy morphine. The informant was wearing a wire and was under surveillance. D told the informant that he would contact her between 8:30 and 9:00 a.m. and that he could get her five to ten vials of morphine for $ 200 each. D telephoned the informant at her home later that morning. The informed was wired and given $1,000 in recorded buy money, She drove to D's home and went in the informant's car to meet D's source. D had the informant stop a number of times on the way. At each stop, D called his informant. D stated that the source was very jittery and that he had to meet the source by himself and not with her. After a second stop D left in the car with the buy money and returned twenty minutes later. D then told the informant that DCI agents had followed him and that he had decided not to go to his source's house. He went inside the convenience store and again called his source. While D was talking on the telephone, DCI agents entered the store and arrested him. A jury found that D was guilty of conspiring to deliver a controlled substance and attempting to deliver a controlled substance. D appealed. D contends in part that the evidence was not sufficient to prove all the elements that were necessary to convict him of conspiring to deliver a controlled substance.