Hooper v. State

2015 WL 4572471, No. 05-13-01286-CR (2015)

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Hooper v. State

Texas Court of Appeals
2015 WL 4572471, No. 05-13-01286-CR (2015)

  • Written by Liz Nakamura, JD

Facts

Police officers Lucio Cano and Tyrone Wall were working undercover in an area known for narcotics trafficking when they noticed Troy Hooper (defendant) flagging down passing cars. Cano and Wall approached Hooper and, after a brief introductory discussion, asked for help finding a cocaine dealer. Hooper called a dealer he knew, set up a deal, and executed the deal for Cano and Wall. Hooper delivered the purchased cocaine, and Cano and Wall paid Hooper for facilitating the purchase. The State of Texas charged Hooper with delivery of cocaine, a felony. At trial, Hooper requested a jury instruction on the defense of entrapment, arguing that Cano and Wall induced him to deliver the cocaine. The jury convicted Hooper, and he was sentenced to 15 years in prison. Hooper appealed.

Rule of Law

Issue

Holding and Reasoning (Lang, J.)

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Casebooks

Criminal Law

Key Terms

  • EntrapmentWhen government agents induce a person into committing a crime that the person would not have otherwise committed.
  • Objective Entrapment TestAlso known as the hypothetical-person test, a test for entrapment that focuses on the inducement utilized by law enforcement and whether a reasonably law-abiding citizen would have been induced to commit a crime.
  • Subjective Entrapment TestTest for entrapment that focuses on the individual defendant’s predisposition to commit an offense.

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