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Gifford v. State

Court of Appeals of Texas, Fort Worth
Feb 10, 1988
740 S.W.2d 80 (Tex. App. 1988)

Opinion

No. 2-86-097-CR.

October 28, 1987. Discretionary Review Refused February 10, 1988.

Appeal from 271st District Court of Jack County, John R. Lindsey, J.

Alley Alley, and T. Richard Alley, Layne Harwell, Fort Worth, for appellant.

Brock Smith, Dist. Atty., Decatur, for appellee.

Before the court en banc.

OPINION


Rhonda Lee Daugherty Gifford appeals her conviction by a jury of the offense of sale of a child. The jury assessed her punishment at two years in the Texas Department of Corrections. In two points of error, Gifford contends that the jury erred in failing to find that the defense of entrapment was established and that the jury's verdict is against the great weight and preponderance of the evidence because of entrapment. She contends in a third point of error that the evidence is insufficient to support her conviction.

We reverse the judgment and remand with instructions to dismiss with prejudice, because we find that the evidence establishes entrapment as a matter of law.

With some immaterial exceptions, the facts are as set out in the companion case of the appellant's husband, Roger Dale Gifford v. State, 740 S.W.2d 76 (Tex.App. — Fort Worth 1987), which we have this day decided. As we have noted, Mrs. Gifford, in points of error numbers one and two, urges that the jury erred in failing to find that she had established the defense of entrapment or that the jury's verdict is against the great weight and preponderance of the evidence because of entrapment. For the reasons stated in Roger Dale Gifford v. State, we find that the defense of entrapment was established as a matter of law. We sustain point of error number one.

In view of our disposition of point of error number one, we need not consider the remaining points of error.

We reverse the judgment and remand with instructions to dismiss with prejudice.


Summaries of

Gifford v. State

Court of Appeals of Texas, Fort Worth
Feb 10, 1988
740 S.W.2d 80 (Tex. App. 1988)
Case details for

Gifford v. State

Case Details

Full title:Rhonda Lee Daugherty GIFFORD, Appellant, v. The STATE of Texas, State

Court:Court of Appeals of Texas, Fort Worth

Date published: Feb 10, 1988

Citations

740 S.W.2d 80 (Tex. App. 1988)