People v. Holst

Michigan Court of Appeals

People v. Holst

465 N.W.2d 16, 186 Mich. App. 473

CourtMichigan Court of Appeals

DecidedAugust 3, 1990

DocketDocket 119478

StatusPublished

Cited by2 cases

This text of 465 N.W.2d 16 (People v. Holst) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Holst, 465 N.W.2d 16, 186 Mich. App. 473 (Mich. Ct. App. 1990).

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Opinion

Per Curiam.

The prosecution appeals as of right from an order of the Jackson Circuit Court which dismissed controlled substance charges filed against defendant on the basis of entrapment. We reverse.

The undercover officer’s conduct in selling defendant cocaine was not reprehensible per se. Rather, it was only one factor among all the other facts of the case to be considered in determining whether there was entrapment. People v Forrest, 159 Mich *474 App 329, 336; 406 NW2d 290 (1987), lv den 429 Mich 857 (1987). Here, the undercover officer did not initiate the sale, pressure defendant to purchase the drugs, or exploit the defendant’s friendship, sympathy, or personal need for drugs. The officer’s conduct was neither reprehensible per se, nor of the kind that could induce the commission of a crime by one not ready and willing to do so regardless of the character or propensities of that particular person. Defendant was merely afforded an opportunity to commit a crime. People v D’Angelo, 401 Mich 167, 172, n 4; 257 NW2d 655 (1977). The trial court’s determination that defendant had been entrapped was clearly erroneous. Id., 183.

Reversed.

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Per Curiam.

The prosecution appeals as of right from an order of the Jackson Circuit Court which dismissed controlled substance charges filed against defendant on the basis of entrapment. We reverse.

The undercover officer’s conduct in selling defendant cocaine was not reprehensible per se. Rather, it was only one factor among all the other facts of the case to be considered in determining whether there was entrapment. People v Forrest, 159 Mich *474 App 329, 336; 406 NW2d 290 (1987), lv den 429 Mich 857 (1987). Here, the undercover officer did not initiate the sale, pressure defendant to purchase the drugs, or exploit the defendant’s friendship, sympathy, or personal need for drugs. The officer’s conduct was neither reprehensible per se, nor of the kind that could induce the commission of a crime by one not ready and willing to do so regardless of the character or propensities of that particular person. Defendant was merely afforded an opportunity to commit a crime. People v D’Angelo, 401 Mich 167, 172, n 4; 257 NW2d 655 (1977). The trial court’s determination that defendant had been entrapped was clearly erroneous. Id., 183.

Reversed.

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Bluebook (online)

465 N.W.2d 16, 186 Mich. App. 473, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-holst-michctapp-1990.

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