Grant

Appellant stands convicted after a jury trial of three violations of Health and Safety Code section 11352, selling or offering to sell heroin. His defense was entrapment. Appellant contends the instructions on entrapment misled the jury in that they suggested that he must be found to be “a normally law-abiding person” before he could be found to have been entrapped. We reject the contention and affirm the judgment.

The facts are as follows.

Appellant sold approximately one gram of heroin to Clovis Police Officer Charles Maxwell for $200. One week later, he sold Officer Maxwell 26 “balloons” containing about 6Vi grams of heroin for $600. The next day, appellant offered to sell one ounce of heroin to Mr. Maxwell for $13,000. On all of these occasions, Randy Egger, a paid police informer, was present.

Appellant’s defense was that he was not really the “seller” in these transactions, that he was only there because Egger got him to start using heroin again. He testified that Egger set up the sales and was really conducting the transactions and that he was only there to help Egger “hustle” Maxwell.

The jury was instructed on entrapment using CALJIC Nos. 4.60, 4.61 and…