ALLEN WILSON, JR., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ALLEN WILSON, JR., APPELLANT,
STATE OF FLORIDA, APPELLEE
589 So. 2d 1036
Florida District Court of Appeal, Second District (1991)
Positive Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
We affirm defendant’s convictions for possession and sale of cocaine. Contrary to defendant’s contention on appeal, it appears clear that there had been no entrapment under the objective test of Cruz v. State, 465 So. 2d 516 (Fla.1985).
We reiterate that in this court’s view that objective test was not abolished by section 777.201, Florida Statutes (1987). See Bowser v. State, 555 So. 2d 879 (Fla. 2d DCA 1989). Contra Krajewski v. State, 587 So. 2d 1175 (Fla. 4th DCA 1991); Gonzalez v. State, 571 So. 2d 1346 (Fla. 3d DCA 1990).
RYDER, A.C.J., and DANAHY and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Krajewski v. State, 597 So. 2d 814 (Fla. 4th DCA 1992)…le. See State v. Hunter, 586 So. 2d 319, 321-22 (Fla.1991). See also State v. Evans, 597 So. 2d 813, (Fla. 2d DCA 1992); Ricardo v. State, 591 So. 2d 1002 (Fla. 4th DCA 1991); Strickland v. State, 588 So. 2d 269 (Fla. 4th DCA 1991); Wilson v. State, 589 So. 2d 1036 (Fla. 2d DCA 1991). In Cruz, the Florida Supreme Court determined that there are two coexisting tests to be applied in cases involving entrapment. The threshold test, which is objective, focuses on police conduct and whether it falls below the stan…
-
Beattie v. State, 595 So. 2d 249 (Fla. 2d DCA 1992)…2d 879 (Fla. 2d DCA 1989), this court followed Cruz and affirmed that Cruz is still the law in this district, notwithstanding passage of the new entrapment .statute2 and the Third District [*251] Court’s contrary position.3 See also Wilson v. State, 589 So. 2d 1036 (Fla. 2d DCA 1991) (objective test not abolished by section 777.201, Florida Statutes (1987)). We conclude that Beattie established entrapment as a matter of law. Law enforcement created criminal activity where none existed. The government knew of…
-
State v. Boggan, 595 So. 2d 49 (Fla. 1992)…OVERTON, Justice. We quash the decision of the district court in Boggan v. State, 589 So. 2d 1036 (Fla. 1st DCA 1991), on the authority of State v. Barnes, 595 So. 2d 22 (Fla.1992),1 [*50] and remand this cause for further proceedings consistent with our decision in Barnes. It is so ordered. SHAW, C.J., and McDONALD, BARKETT, GRIMES, KOGAN…
Authorities Cited
- Cruz v. State, 465 So. 2d 516 (Fla. 1985)
- Gonzalez v. State, 571 So. 2d 1346 (Fla. 3d DCA 1990)
- Bowser v. State, 555 So. 2d 879 (Fla. 2d DCA 1989)
- Krajewski v. State, 587 So. 2d 1175 (Fla. 4th DCA 1991)
- Baumann v. State, 587 So. 2d 1175 (Fla. 4th DCA 1991)