What is the test for establishing entrapment as a matter of law?

California, United States of America


The following excerpt is from People v. Khalif, E062821 (Cal. App. 2016):

"'Entrapment as a matter of law is not established where there is any substantial evidence in the record from which it may be inferred that the criminal intent to commit the particular offense originated in the mind of the accused.' [Citation.]" (People v. Moran (1970) 1 Cal.3d 755, 760; see People v. Lee (1990) 219 Cal.App.3d 829, 836 ["An appellate court will only find entrapment as a matter of law where 'the evidence is so compelling and uncontradicted the jury could draw no other reasonable inference.'"].)

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