Legal Opinion

Hernandez v. State

Court of Criminal Appeals of Texas

Decided March 2, 2005No. PD-1222-04PublishedCited by 97 opinions

1Opinion of the Court 1

OPINION

2Opinion of the Court · CochranCochran, J.

Appellant was charged with possession of methamphetamine with intent to deliver it. After a pretrial evidentiary hearing, the trial judge denied appellant’s motion to dismiss based on entrapment. Appellant then pled guilty, and was sentenced to five years’ probation and a $5,000 fine. He appealed the denial of his entrapment motion to the court of appeals under Rule 25.2(a)(2)(A) of the Texas Rules of Appellate Procedure.

The court of appeals reversed appellant’s conviction and ordered the case dismissed because the State “failed to meet its burden to disprove entrapment beyond a…

3Cases cited23 opinions

  1. State v. RossCourt of Criminal Appeals of Texas · 2000
  2. United States v. RussellSupreme Court of the United States · 1973
  3. Sorrells v. United StatesSupreme Court of the United States · 1932
  4. Mathews v. United StatesSupreme Court of the United States · 1988
  5. Adelman v. StateCourt of Criminal Appeals of Texas · 1992

18 more not listed; retrieve them via the Exa API.

4Cited by97 opinions

  1. Colyer, Wilkie Schell Jr.Court of Criminal Appeals of Texas · 2014
  2. Triplett v. State, Texas Court of Appeals, 7th District (Amarillo)2009
  3. Franklin v. StateCourt of Appeals of Texas · 2006
  4. Varkonyi v. State, Texas Court of Appeals, 8th District (El Paso)2008
  5. Villarreal v. State, Texas Court of Appeals, 13th District2008

92 more not listed; retrieve them via the Exa API.

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