Appellant was convicted of a violation of the Georgia Controlled Substances Act by selling marijuana, and appeals.
1. Appellant contends the trial court erred by failing to give his requested charge on entrapment. Appellant denied committing the offense charged, and thus, entrapment was not in issue. Ford v. State, 160 Ga. App. 707
, 708 (3) (288 SE2d 39
) (1981). It is not error to refuse to charge the jury on the issue of entrapment if the defendant denies that he committed the offense. Sullivan v. State, 139 Ga. App. 640
, 641 (1) (229 SE2d 119
) (1976); Ford, supra.
2. Appellant contends the evidence is not sufficient to support the verdict. The evidence disclosed that on the night of March 21, 1984 Vance Donald, an undercover narcotics officer, drove to the Holiday Inn in Forest Park, Georgia and parked in the parking lot. Appellant drove up and parked next to Donald. Jackie Hatcher, an informant who had told Donald that appellant was selling marijuana, was a passenger in appellant's car. Donald got in the back seat of appellant's car and appellant told Donald to look in a sack in the back seat. Donald did so and saw a plastic bag inside the sack which contained approximately one pound of marijuana. Appellant told Donald it was high grade marijuana, and Donald then paid appellant $95 for the marijuana. Appellant and another witness testified that Hatcher had the sack of marijuana, and appellant testified that Hatcher made the sale.
Robert E. Keller, District Attorney, Tracy G. Ramey, Assistant District Attorney, for appellee.