Baca v. State

I dissent. I also join in the dissent filed by Chief Justice Scarborough.

The majority in this case indicate that the issue is whether entrapment has been established. They further indicate in reaching this conclusion that they are relying on the case of State v. Fiechter, 89 N.M. 74, 547 P.2d 557 (1976). The Fiechter case specifically adopted and approved the subjective standard and rejected other concepts previously adopted in other cases. See State v. Jackson, 88 N.M. 98, 101, 537 P.2d 706, 709 (Ct.App.1975). A review of the facts in this case indicate that the defendant was seeking…