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Arnott Anthony Barclay v. State

Citation: Not availableDocket: 03-97-00354-CR

Court: Court of Appeals of Texas; June 4, 1998; Texas; State Appellate Court

Original Court Document: View Document

Narrative Opinion Summary

Arnott Anthony Barclay was convicted of delivering cocaine, and the trial court sentenced him to twelve years in prison. Barclay argued that the trial court erred by not allowing a jury instruction on his entrapment defense and claimed he proved entrapment as a matter of law. The court reviewed the evidence presented at trial, including Barclay's testimony about working on a home for Mollie Fowler and his interactions with informant Andy Wilhelm, who persistently inquired about cocaine. The court highlighted that entrapment requires evidence showing that a law enforcement agent induced a person to commit an offense, which cannot be based solely on providing an opportunity to commit the crime. The court found that Barclay only demonstrated an opportunity to sell cocaine when Wilhelm offered cash, and there was no evidence of coercive persuasion. Therefore, the court affirmed the trial court's judgment, concluding that Barclay did not establish an entrapment defense.

Legal Issues Addressed

Burden of Proof in Establishing Entrapment

Application: The court concluded that Barclay failed to meet the burden of proof for his entrapment defense, as the evidence did not show coercion or persuasion beyond the mere presentation of an opportunity to commit the crime.

Reasoning: The court found that Barclay only demonstrated an opportunity to sell cocaine when Wilhelm offered cash, and there was no evidence of coercive persuasion.

Entrapment Defense under Criminal Law

Application: The court evaluated the applicability of the entrapment defense, emphasizing the necessity for evidence of inducement by law enforcement rather than mere opportunity to commit the crime.

Reasoning: The court highlighted that entrapment requires evidence showing that a law enforcement agent induced a person to commit an offense, which cannot be based solely on providing an opportunity to commit the crime.

Jury Instructions on Entrapment

Application: Barclay's request for a jury instruction on entrapment was denied as the court determined that the evidence only showed an opportunity to sell cocaine, not coercive persuasion or inducement.

Reasoning: Barclay argued that the trial court erred by not allowing a jury instruction on his entrapment defense and claimed he proved entrapment as a matter of law.