Hernandez v. State

Ramon Hernandez appeals his conviction for trafficking cocaine and conspiracy to traffic cocaine. He argues that the trial court erred when it gave an incorrect jury instruction for the defense of entrapment and when it admitted two audio tape recordings into evidence. We reverse and remand for a new trial.

At the conclusion of the evidence, the trial court granted appellant’s request for an instruction on the defense of entrapment. However, appellant’s counsel objected to the form of the proposed instruction because it provided, “[T]he defendant must prove to you by preponderance of the…