STATE OF FLORIDA, PETITIONER,
v.
MARIO KRAJEWSKI, RESPONDENT
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The court held that the performance of an agreement for a substantially reduced sentence in exchange for setting up new drug deals and testifying does not constitute a per se violation of State v. Glosson.
Krajewski was convicted for drug possession and conspiracy based on a sale arranged by a convicted drug dealer promised a reduced sentence for additio…
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McDONALD, Justice.
We review Krajewski v. State, 587 So. 2d 1175 (Fla. 4th DCA 1991), in which the district court certified a question of great public interest. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Krajewski was convicted by a jury for possession of more than 400 grams of cocaine and for conspiracy to purchase more than 400 grams of cocaine. The sale forming the basis for Krajewski’s conviction was arranged by a convicted drug dealer. Because the drug dealer had been promised a reduced sentence if he could obtain additional convictions, the district court, construing our decision in State v. Glosson, 462 So. 2d 1082 (Fla.1985), and the district court’s prior decisions in Hunter v. State, 531 So. 2d 239 (Fla. 4th DCA 1988), and State v. Anders, 560 So. 2d 288 (Fla. 4th DCA 1990), held there had been a due process violation and vacated Krajewski’s conviction. The district court, obviously concerned with the effect its ruling would have on the use of convicted drug informants in drug cases, certified the following question:
DOES THE PERFORMANCE OF AN AGREEMENT UNDER SECTION 893.-135(4)[, FLORIDA STATUTES (1989),] AS AMENDED [CH. 87-243, § 5, LAWS OF FLA.], WHEREBY AN INFORMER WILL RECEIVE A SUBSTANTIALLY REDUCED SENTENCE IN EXCHANGE FOR SETTING UP NEW DRUG DEALS AND TESTIFYING, CONSTITUTE A PER SE VIOLATION OF THE HOLDING IN STATE v. GLOSSON, 462 So. 2d 1082 (Fla.1985) AS TO AN INDIVIDUAL ENSNARED BY THAT PERFORMANCE?
We answered the certified question in the negative in our decision in State v. Hunter, 586 So. 2d 319 (Fla.1991). We therefore quash the opinion under review and remand this case to the district court for further consideration in light of Hunter. It is so ordered.
SHAW, C.J. and OVERTON, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Lewis v. State, 597 So. 2d 842 (Fla. 3d DCA 1992)…Hang Thi Vu, 595 So. 2d 85 (Fla. 1st DCA 1992); Gonzalez v. State, 571 So. 2d 1346 (Fla. 3d DCA 1990), review denied, 584 So. 2d 998 (Fla.1991). However, we choose to rely on our most recent Supreme Court cases on the issue. See State v. Krajewski, 589 So. 2d 254 (Fla.1991); State v. Hunter, 586 So. 2d 319 (Fla.1991).…
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Simmons v. State, 590 So. 2d 442 (Fla. 1st DCA 1991)…ict Court of Appeal in Gonzalez v. State, 571 So. 2d 1346 (Fla. 3rd DCA 1990), rev. denied, 584 So. 2d 998 (Fla.1991), and with the Fourth District Court of Appeal in Krajewski v. State, 587 So. 2d 1175 (Fla. 4th DCA 1991), quashed on other grounds, 589 So. 2d 254 (Fla.1991), holding that section 777.201, Florida Statutes (1987), effectively abolished the objective entrapment test 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). The appe…
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Krajewski v. State, 597 So. 2d 814 (Fla. 4th DCA 1992)…appellant, Mario Krajewski. The facts are set out at length in our earlier opinion in which we discussed both entrapment and application of the due process clause to appellant’s situation. Krajewski v. State, 587 So. 2d 1175 (Fla. 4th DCA), quashed, 589 So. 2d 254 (Fla.1991). Upon remand from the supreme court we confine our analysis to entrapment and some necessarily related legal principles. The objective entrapment defense is explained in Cruz v. State, 465 So. 2d 516 (Fla.), cert. denied, 473 U.S. 905,…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Boyce E. Glosson, 462 So. 2d 1082 (Fla. 1985)
- State v. Hunter, 586 So. 2d 319 (Fla. 1991)
- Watkins v. State, 531 So. 2d 239 (Fla. 3d DCA 1988)
- Hunter v. State, 531 So. 2d 239 (Fla. 4th DCA 1988)
- State v. Anders, 560 So. 2d 288 (Fla. 4th DCA 1990)
- Krajewski v. State, 587 So. 2d 1175 (Fla. 4th DCA 1991)
- Baumann v. State, 587 So. 2d 1175 (Fla. 4th DCA 1991)