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

Summary

The Court held that Texas Penal Code §8.06 embodies a mixed subjective/objective entrapment test and that evidence of extraneous drug transactions is admissible to rebut the subjective inducement element but not the objective persuasion element. Accordingly, the trial court’s admission of the prior LSD sales was proper, the Court of Appeals was reversed, and the conviction affirmed. A dissent argued that §8.06 is purely objective and that the extraneous evidence should have been excluded.