STATE OF FLORIDA, APPELLANT,
v.
MANUEL MUNOZ, APPELLEE
Explore caselaw by topic → Browse Objective Entrapment cases and more on FLexlaw
PER CURIAM.
The State of Florida appeals from a final order dismissing an information against Manuel Munoz. The trial judge dismissed the charge finding that the Florida Supreme Court’s two-prong test for entrapment set forth 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), constituted binding precedent as to this case. The state asserts that the enactment of section 777.201, Florida Statutes (1987), abolished the objective entrapment test as set forth in Cruz, supra. For the reasons set forth in Gonzalez v. State, 571 So. 2d 1346 (Fla. 3rd DCA 1990), and Krajewski v. State, — So. 2d -, 16 F.L.W. D692 (Fla. 4th DCA March 13, 1991), we accept the arguments of the state and reverse the decision of the trial court.
SHIVERS and WOLF, JJ., and WENTWORTH, Senior Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Munoz v. State, 629 So. 2d 90 (Fla. 1993)…OVERTON, Justice. This cause is before us to review State v. Munoz, 586 So. 2d 515 (Fla. 1st DCA 1991), in which the district court held that section 777.201, Florida Statutes (1987), abolished the objective entrapment test we set forth in Cruz v. State, 465 So. 2d 516 (Fla.), cert. denied, 473 U.S. 905, 105 S.Ct. 3527, 87 L.Ed.2d…
-
Lewis v. State, 597 So. 2d 842 (Fla. 3d DCA 1992)…, Florida Statutes (1987) did not overrule the objective entrapment aspect of 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); contra Gonzalez v. State, 571 So. 2d at 13494; State v. Munoz, 586 So. 2d 515 (Fla. 1st DCA 1991), or, if it did, that the [*845] statute is unconstitutional. But Hunter does not so much as cite the statute or Gonzalez and does not directly say that “objective entrapment” is constitutionally prohibited; indeed, the discussion…
-
Simmons v. State, 590 So. 2d 442 (Fla. 1st DCA 1991)…WOLF, Judge. Appellant seeks rehearing or certification, arguing that current law from other districts is in conflict with this court’s decision which relied on State v. Munoz, 586 So. 2d 515 (Fla. 1st DCA 1991), to affirm the trial court’s denial of the appellant’s motion for judgment of acquittal. In Munoz, this court aligned itself with the Third District Court of Appeal in Gonzalez v. State, 571 So. 2d 1346 (Fla. 3rd DCA 1990), rev.…1 / 2
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
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)
- Gonzalez v. State, 571 So. 2d 1346 (Fla. 3d DCA 1990)