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IN THE SUPREME COURT OF THE STATE OF IDAHO Docket No. 38405 STATE OF IDAHO, Plaintiff-Respondent, v. ROBERT LYLE BARTON, JR., Defendant-Appellant. ) ) ) ) ) ) ) ) ) ) ) )

Boise, January 2013 Term 2013 Opinion No. 32 Filed: March 8, 2013 Stephen W. Kenyon, Clerk

Appeal from the District Court of the Fifth Judicial District, State of Idaho, Twin Falls County. Hon. G. Richard Bevan, District Judge District court decision on entrapment defense, affirmed. Sara B. Thomas, State Appellate Public Defender, Boise, for appellant. Erik Lehtinen, Chief Deputy State Appellate Public Defender argued. Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Kenneth K. Jorgensen, Deputy Attorney General argued. __________________________________ BURDICK, Chief Justice This case comes before this Court on appeal from Robert Lyle Barton, Jr. (Barton), who was found guilty of solicitation of perjury by a Twin Falls County jury. Barton, the victim of aggravated battery, was charged with solicitation and conspiracy to commit perjury in connection to his testimony in the battery case. On appeal, Barton argues that the jury should have been instructed on his defense of entrapment, and that such a defense is consistent with his plea of innocence. The State disagrees, arguing that no reasonable view of the evidence would support an instruction for entrapment and that such a defense is incompatible with his plea of innocence. We affirm the decision of the district court. I. FACTUAL AND PROCEDURAL BACKGROUND On August, 18, 2009, Robert Barton was charged with one count of solicitation of perjury under I.C.

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Idaho Law