Soto v. State

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

ODOM, Judge.

Appellant was convicted of delivery of heroin. On appeal the Court of Appeals found that appellant raised the issue of entrapment, V.T.C.A., Penal Code See. 8.06, and that the state failed to disprove the defense. Soto v. State, 649 S.W.2d 801 (Tex.App.—Austin 1983). We granted the petition for review to consider the correctness of that ruling.

We summarize the evidence as recited in the opinion of the Court of Appeals:

“On October 17, 1978, the appellant and Rosalinda Cervantes, an informant for the Austin Police Department, were…