VICTOR K. GOLDSTEIN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the facts presented did not establish entrapment as a matter of law, but the sentence required correction.
Appellant was in a public place when an undercover officer, posing as a potential victim, was present. Appellant allegedly took money from the officer…
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BOARDMAN, Judge.
Victor Goldstein appeals his judgment and sentence for second degree grand theft, contending that the trial court erred in denying his motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). We affirm the conviction but remand for correction of sentence.
In his motion, which the state did not traverse, appellant asserted that the following facts constituted entrapment as a matter of law:
1. On the date listed in the information, appellant was in the vicinity of the Greyhound Bus Station on the corner of Morgan and Polk Streets.
2. Tampa Police Det. Hogue, dressed as a wino with money hanging out of his pocket, was in the same vicinity.
3. Det. Hogue did not have any suspect in mind as a possible pickpocket.
4. Appellant was not a suspect as a pickpocket. 5. Appellant is alleged to have taken the money from Hogue’s pocket.
We reject appellant’s argument that these facts showed entrapment as a matter of law. State v. Sokos, 426 So. 2d 1044 (Fla.2d DCA 1983); State v. Cruz, 426 So. 2d 1308 (Fla.2d DCA 1983); State v. Issac, 436 So. 2d 189 (Fla.2d DCA 1983). We acknowledge that our holding here is in direct conflict with State v. Casper, 417 So. 2d 263 (Fla. 1st DCA 1982).
We remand, however, for correction of appellant’s sentence. The sentence provides that appellant is to be given credit for time served in jail prior to sentencing, but does not specifically set forth the period of credit time to be allowed as required by Section 921.161(1), Florida Statutes (1981). Smith v. State, 310 So. 2d 770 (Fla.2d DCA 1975); Grine v. State, 301 So. 2d 122 (Fla.2d DCA 1974).
Accordingly, we affirm the judgment but remand for correction of appellant’s sentence.
HOBSON, A.C.J., and SCHEB, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 441 So. 2d 1162 (Fla. 2d DCA 1983)…for dismissal on the ground that the use of a police decoy in the manner described above is entrapment as a matter of law. See State v. Cruz, 426 So. 2d 1308 (Fla. 2d DCA 1983), petition for review granted, No. 63,451 (Fla.1983); State v. Goldstein, 435 So. 2d 352 (Fla. 2d DCA 1983). But see State v. Casper, 417 So. 2d 263 (Fla. 1st DCA 1982); State v. Holliday, 431 So. 2d 309 (Fla. 1st DCA 1983), petition for review granted, No. 63,832 (Fla.1983). Conditions of probation 10 and 17 relate to payment of attor…
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Teague v. State, 449 So. 2d 850 (Fla. 2d DCA 1984)…RYDER, Judge. In Teague, we have before us almost a carbon copy of State v. Cruz, 426 So. 2d 1308 (Fla. 2d DCA 1983) and Goldstein v. State, 435 So. 2d 352 (Fla. 2d DCA 1983). The scenario is the same: a police officer-decoy pretending to be a wino or some other downtrodden, ill person was on the streets of Tampa with money protruding from his pocket. Teague removed the money and was immediately arrest…
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Goldstein v. State, 469 So. 2d 124 (Fla. 1985)…o. 2d 263 (Fla. 1st DCA 1982), review denied, 418 So. 2d 1280 [*125] (Fla.1982). The facts in this case are legally indistinguishable from those in Cruz v. State, 465 So. 2d 516 (Fla.1985). Accordingly, we quash the decision of the district court, 435 So. 2d 352, and remand for further action consistent with Cruz. It is so ordered. BOYD, C.J., and ADKINS, OVERTON, McDonald, EHRLICH and SHAW, JJ., concur. ALDERMAN, J., dissents.…
Authorities Cited
- Smith v. State, 310 So. 2d 770 (Fla. 2d DCA 1975)
- Odom v. State, 310 So. 2d 770 (Fla. 2d DCA 1975)
- State v. Casper, 417 So. 2d 263 (Fla. 1st DCA 1982)
- State v. Demetrios Sokos, 426 So. 2d 1044 (Fla. 2d DCA 1983)
- State v. Cruz, 426 So. 2d 1308 (Fla. 2d DCA 1983)
- Grine v. State, 301 So. 2d 122 (Fla. 2d DCA 1974)
- State v. Isaac, 436 So. 2d 189 (Fla. 2d DCA 1983)