Taylor v. State

HOFFMAN, Judge.

I respectfully dissent. Relying on the colloquy set forth in the majority opinion, the majority holds that an instruction on the defense of entrapment was warranted because Taylor’s testimony provided some evidence negating his predisposition to sell cocaine. I disagree.

Indiana has a bifurcated entrapment procedure. Hardy v. State (1982), Ind.App., 442 N.E.2d 378, 381. Evidence must first be presented showing the illegal conduct was instigated by government agents. Id. Once this becomes apparent, the State then has the burden of proving beyond a reasonable doubt the defendant…