Court of Criminal Appeals of Texas

Trace Gene England, Appellant v. the State of Texas, Appellee

September 14, 19941994 Tex. Crim. App. LEXIS 91

Summary

The Court held that Texas Penal Code §8.06 embodies a mixed subjective/objective entrapment test, permitting admission of extraneous drug transactions to rebut the subjective inducement element but not to address the objective persuasion element. Accordingly, the Court reversed the Court of Appeals and affirmed the trial court’s conviction. Justice Maloney dissented, maintaining that the statute reflects a purely objective standard.