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Name: People v. Smith
Case #: S108309
Court: CA Supreme Court
District CalSup
Opinion Date: 12/22/2003
Subsequent History: None

The doctrine of sentencing entrapment, embraced by some federal courts, is incompatible with California law, because under this state’s doctrine of entrapment, the character of the suspect, his predisposition to commit the crime, and his subjective intent are all irrelevant. The court declined to decide whether the related doctrine of sentence manipulation was likewise incompatible with state law. Under federal law, sentence manipulation requires a reduction in sentence where law enforcement officers, acting only for the purpose of increasing a defendant’s sentence, have engaged in conduct so outrageous that it denies the defendant due process of law. The officers here did not engage in outrageous conduct so the issue was not properly before the court.