Johnson v. State

Appellant, Kenneth Johnson, appeals the trial court’s decision to deny his request for an entrapment instruction. We agree with appellant that the jury should have been instructed on his defense of entrapment.

It is axiomatic that a defendant is entitled to have the jury instructed on the rules of law applicable to his or her theory of defense if there is any evidence to support the instruction, and the court may not weigh the evidence in determining whether the instruction is appropriate. The evidence need not be convincing to the trial judge before the instruction can be submitted to the…