THE STATE OF FLORIDA, APPELLANT,
v.
HECTOR LOPEZ, APPELLEE
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PER CURIAM.
Like State v. Konces, 521 So. 2d 313 (Fla. 3d DCA 1988),1 in which, as here, the defendant drug seller was put together with the police by a confidential informant, neither of the two prongs of the objective entrapment test adopted in Cruz v. State, 465 So. 2d 516 (Fla.1985), cert. denied, 473 U.S. 905, 105 S.Ct. 3527, 87 L.Ed.2d 652 (1985), was established.2 See also Donaldson v. State, 519 So. 2d 737 (Fla. 3d DCA 1988). Accordingly, the order below, which granted the defendant’s sworn motion to dismiss on that ground, is reversed.
. Konces was, of course, decided subsequent to the order presently under review.
. We note that the Cruz objective test has been abolished by the Florida Legislature in section 777.201, Florida Statutes (1987), effective October 1, 1987. Since the offense alleged in this case occurred before that date, however, Cruz remains applicable.
Cases With Similar Vibessemantic neighbors from the corpus
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Gonzalez v. State, 571 So. 2d 1346 (Fla. 3d DCA 1990)…reate a substantial risk that such crime will be committed by a person other than one who is ready to commit it.” § 777.201. The objective test articulated in Cruz was abolished. Gonzalez v. State, 525 So. 2d 1005 (Fla. 3d DCA 1988); State v. Lopez, 522 So. 2d 537 (Fla. 3d DCA 1988).2 See also House of Representatives Committee on Criminal Justice Staff Analysis, June 27, 1989, at 177 (“This section overrules the Florida Supreme Court’s decision in Cruz v. State, 465 So. 2d 516 (Fla.1985), which held that the…
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Bowser v. State, 555 So. 2d 879 (Fla. 2d DCA 1989)…ate to state that we decline to follow the footnoted suggestion of our colleagues of the third district that the objective test of Cruz has been abolished by section 777.201. See Gonzalez v. State, 525 So. 2d 1005 (Fla. 3d DCA 1988); State v. Lopez, 522 So. 2d 537 (Fla. 3d DCA 1988). Other colleagues on the fourth district apparently concur with our view that the Cruz objective test remains viable. State v. Burch, 545 So. 2d 279 (Fla. 4th DCA 1989). There is nothing express or implied in the wording of sectio…
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Lewis v. State, 597 So. 2d 842 (Fla. 3d DCA 1992)…6 So. 2d at 319 and Cruz, 465 So. 2d at 522. . Florida’s new entrapment statute codifies the subjective test ... § 777.201. The objective test articulated in Cruz was abolished. Gonzalez v. State, 525 So. 2d 1005 (Fla. 3d DCA 1988); State v. Lopez, 522 So. 2d 537 (Fla. 3d DCA 1988). See also House of Representa [*845] tives Committee on Criminal Justice Staff Analysis, June 27, 1989), at 177 (‘This section overrules the Florida Supreme Court’s decision in Cruz v. State, 465 So. 2d 516 (Fla.1985), which held…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Cruz v. State, 465 So. 2d 516 (Fla. 1985)
- Wilson v. Florida, 473 U.S. 905 (U.S. 1985)
- Christoffersen et ux. v. United States, 473 U.S. 905 (U.S. 1985)
- State v. Margo E. Konces, 521 So. 2d 313 (Fla. 3d DCA 1988)
- Donaldson v. State, 519 So. 2d 737 (Fla. 3d DCA 1988)