807 N.W.2d 593
N.D.2011Background
- Schmidt was convicted after a bench trial of criminal attempt to possess methamphetamine.
- An undercover informant and officer arranged to have Schmidt attempt to buy meth from the informant.
- Schmidt allegedly met the informant at a motel parking lot; she handed $1,200 for half an ounce of meth.
- Schmidt argued entrapment; the district court found no entrapment and convicted her.
- On appeal, the court affirmed the conviction but remanded to correct a clerical error stating a guilty plea instead of a bench trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Entrapment sufficiency by preponderance | Schmidt argues she proved entrapment by preponderance. | State contends there is substantial evidence against entrapment and no preponderance showing entrapment. | Substantial evidence supports conviction; entrapment not proven by preponderance. |
| Entrapment as a matter of law | Schmidt contends entrapment should be decided as a matter of law based on undisputed facts. | State argues entrapment is a question of fact unless undisputed. | Entrapment is generally a question of fact; not established as a matter of law here. |
| Clerical error in judgment | Schmidt did not warrant a guilty-plea basis for judgment. | State maintains the judgment correctly memorializes the proceedings. | Remand to correct clerical error; judgment should reflect bench trial. |
| Waiver of sentencing level issue | Schmidt argued for a lower-level sentence at trial or on appeal. | State contends the issue was not preserved in the district court. | Issue waived for failure to raise during sentencing. |
Key Cases Cited
- State v. Hammeren, 2003 ND 6 (ND 2003) (entrapment is a fact question unless undisputed)
- State v. Murchison, 541 N.W.2d 435 (ND 1995) (review standard for entrapment relies on favorable evidence)
- State v. Nehring, 509 N.W.2d 42 (ND 1993) (standard for sufficiency of evidence; entrapment framework)
- State v. Baumgartner, 2001 ND 202 (ND 2001) (entrapment framework; preponderance standard)
- State v. Corman, 2009 ND 85 (ND 2009) (same standard of review for bench trials as jury trials)
- State v. Rummer, 481 N.W.2d 437 (ND 1992) (outrageous conduct not required for entrapment; case discusses law enforcement conduct)
- State v. Hoverson, 2006 ND 49 (ND 2006) (outrageous government conduct; due process standard)