Allison

Defendant, Susan Allison, was convicted by a jury of selling or offering to sell cocaine, in violation of section 11352 of the Health and Safety Code. She appeals from an order placing her on probation for three years, subject to the ..condition that she serve five months in the county jail.

The case for the prosecution was based primarily upon the testimony of Frank Dixon and Steven Berch, two law enforcement officers who, at all pertinent times, were working as agents for the Santa Clara County Narcotics Bureau Task Force. Dixon testified that a week or two prior to April 10, 1978, a confidential reliable informant introduced him to John Harrington, the operator of a bicycle shop in Sunnyvale. Harrington offered to assist Dixon in his narcotics investigations by arranging for Dixon to meet any person with whom Harrington came in contact who had a substantial amount of cocaine for sale.

On April 10, 1978, Harrington telephoned Dixon and stated that he had arranged for Dixon to meet with two individuals who had a substantial amount of cocaine for sale. Harrington told Dixon to come to the bicycle shop at 5:30 p.m. that day and to bring with him sufficient funds to…

I respectfully dissent.

The trial court’s denial of defendant’s motion excluding statements of her prior involvement with drugs was error. This appears to be clear *278 from a reading of two recent California Supreme Court decisions, People v. Barraza (1979) 23 Cal.3d 675 [ 153 Cal.Rptr. 459 , 591 P.2d 947 ] and People v. Hall (1980) 28 Cal.3d 143 [ 167 Cal.Rptr. 844 , 616 P.2d 826 ].

In the Barraza case, the court held that the proper test of entrapment was whether the actions of the law enforcement agent was likely to persuade a normally law abiding person to commit the crime. (Pp. 689, 690.) It was concluded that conduct by the police or police agents was not permissible if it became overbearing and involved “badgering, cajoling [or] importuning . ... ” (P. 690.) The court stated that one example of such impermissible conduct was an appeal to commit the unlawful act because of friendship or sympathy. (P. 690.) An offer of exorbitant consideration was also another example of police conduct which would make the commission of the crime unusually attractive. (P. 690.) It was held that “such matters as the character of the suspect, his predisposition to commit the offense, and his…

Defendant, Susan Allison, was convicted by a jury of selling or offering to sell cocaine, in violation of section 11352 of the Health and Safety Code. She appeals from an order placing her on probation for three years, subject to the condition that she serve five months in the county jail.

The case for the prosecution was based primarily upon the testimony of Frank Dixon and Steven Berch, two law enforcement officers who, at all pertinent times, were working as agents for the Santa Clara County Narcotics Bureau Task Force. Dixon testified that a week or two prior to April 10, 1978, a confidential reliable informant introduced him to John Harrington, the operator of a bicycle shop in Sunnyvale. Harrington offered to assist Dixon in his narcotics investigations by arranging for Dixon to meet any person with whom Harrington came in contact who had a substantial amount of cocaine for sale.

On April 10, 1978, Harrington telephoned Dixon and stated that he had arranged for Dixon to meet with two individuals who had a substantial amount of cocaine for sale. Harrington told Dixon to come to the bicycle shop at 5:30 p.m. that day and to bring with him sufficient funds…