Trial Decisions—Entrapment

We have held that "in reviewing a district court's denial of a motion to dismiss based on entrapment, we will review the evidence and inferences in a light most favorable to the State."  State v. Reynolds, 2004 MT 364, ¶ 8, 324 Mont. 495, 104 P.3d 1056 (citing State v. Kim, 239 Mont. 189, 194, 779 P.2d 512, 515 (1989)).  "The defendant bears the burden of proving entrapment."  Reynolds, ¶ 9.  However, a district court "may determine that entrapment exists as a matter of law."  Reynolds, ¶ 9.  "If there are conflicting facts, the issue is properly submitted to a jury."  Reynolds, ¶ 9.