State v. Lindquist
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The Supreme Court affirmed the district court order denying Defendant’s motion to dismiss for entrapment as a matter of law.
Defendant was charged with felony attempted prostitution. Thereafter, Defendant filed a motion to dismiss, asserting the affirmative defense of entrapment. The district court denied the motion to dismiss as a matter of law, concluding that the record contained conflicting facts as to the origination of criminal intent and Defendant’s state of mind that made submitting the issue of entrapment to a jury proper. The Supreme Court affirmed, holding that the district court correctly denied Defendant’s motion to dismiss based on the affirmative defense of entrapment as a matter of law because conflicting facts existed as to whether Defendant had the requisite intent to commit the criminal act.
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