Legal Opinion

Hernandez v. State

Texas Court of Appeals, 3rd District (Austin)

Decided November 10, 2004No. 03-03-00285-CRPublishedCited by 2 opinions

1Opinion of the Court

OPINION

W. KENNETH LAW, Chief Justice.

Appellant Alexander Hernandez appeals his conviction for possession of a controlled substance. See Tex. Health <& Safety Code Ann. § 481.115(c) (West 2003). He pleaded guilty to this offense after the trial court denied his motion to dismiss. In this appeal, we must consider various aspects of the entrapment defense. See Tex. Pen. Code Ann. § 8.06 (West 2003). For the reasons stated below, we reverse the judgment of conviction and order the prosecution dismissed with prejudice.

BACKGROUND

On February 14, 2002, Felicia Fox, a confidential informant for the…

2Cases cited19 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. Johnson v. StateCourt of Criminal Appeals of Texas · 2000
  3. Curry v. StateCourt of Criminal Appeals of Texas · 2000
  4. Saxton v. StateCourt of Criminal Appeals of Texas · 1991
  5. Adelman v. StateCourt of Criminal Appeals of Texas · 1992

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3Cited by2 opinions

  1. Hernandez v. StateCourt of Criminal Appeals of Texas · 2005
  2. Hernandez, AlexanderCourt of Criminal Appeals of Texas · 2005

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