Before Judges Bench, Billings, and Orme.
Defendant raises several issues on appeal.
First, defendant argues the trial court's jury instruction on his entrapment defense was legally insufficient. The trial court gave an entrapment instruction following the statutory language of Utah Code Ann. Utah's appellate courts have previously approved giving only the statutory definition of entrapment to the jury. So long as the jury instruction used was accurate, it was not error for the trial court to refuse a different instruction that was also accurate. Defendant next argues that the trial court committed plain error in instructing the jury, as a substantive element of the offense, that defendant had previously been convicted of possession of a controlled substance.