What is the impact of an instructional error in the entrapment instructions in a motor vehicle case?

California, United States of America


The following excerpt is from People v. Martinez, 157 Cal.App.3d 660, 203 Cal.Rptr. 833 (Cal. App. 1984):

The instructional error must be deemed prejudicial as it seems likely that a verdict more favorable to appellant would have resulted had the error not occurred. (People v. Hannon (1977) 19 Cal.3d 588, 603, 138 Cal.Rptr. 885.) Not only did appellant rely entirely on an entrapment defense, but substantial and convincing evidence of entrapment was introduced. The conduct of the police was particularly reprehensible. And the case was a close one, with the jury deliberating for more than two days and asking that the entrapment instructions be reread.

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