STATE OF FLORIDA, PETITIONER,
v.
RAUL VAZQUEZ, RESPONDENT
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PER CURIAM.
We have for review Vazquez v. State, 700 So. 2d 5, 14 (Fla. 4th DCA 1997), in which the district court, on rehearing, certified the following question as one of great public importance:
Does the inaccuracy or incompleteness of the current standard jury instruction for the defense of entrapment reflect a fundamental change in the law requiring retroactive application to all cases after [Munoz v. State, 629 So. 2d 90 (1993)], or is it instead an evolutionary change in the law requiring only prospective application?
We find that we should decline to address this certified question because the district court did not actually rule on the issue raised by the question. See Gee v. Seidman & Seidman, 653 So. 2d 384 (Fla.1995). We do note, however, that the standard jury instruction on the defense of entrapment was recently modified by our opinion in Standard Jury Instructions in Criminal Cases, 23 Fla. L. Weekly, S407, S415-16, — So. 2d -, --- (July 16, 1998).
Accordingly, we dismiss this cause.
It is so ordered.
HARDING, C.J., and OVERTON, SHAW, KOGAN, WELLS, ANSTEAD and PARIENTE, JJ., concur.
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Zackery Holiday v. State, 753 So. 2d 1264 (Fla. 2000)…h instruction conform to this Court’s analysis of the entrapment defense in Munoz. See Holiday, 730 So. 2d at 830. The court also cited Vazquez v. State, 700 So. 2d 5, 13 (Fla. 4th DCA 1997), review dismissed, 705 So. 2d 902 (Fla.), cause dismissed, 718 So. 2d 755 (Fla.1998), wherein the Fourth District found that before its recent modification, the standard instruction on entrapment did not “fairly and correctly present the current state of the law” on entrapment in light of this Court’s decision in Munoz. S…
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Broker v. State, 726 So. 2d 307 (Fla. 2d DCA 1998)…entrapment. See In re Standard Jury Instructions in Criminal Cases, 23 Fla. L. Weekly S407, 415, 723 So. 2d 123, 142 (Fla.1998). See also Vazquez v. State, 700 So. 2d 5 (Fla. 4th DCA 1997), appeal dismissed, State v. Vazquez, 23 Fla. L. Weekly S428, 718 So. 2d 755 (Fla.1998) (dismissing certified issue on nondispositive issue). Although we understand the trial court’s decision to use the published standard instruction, we conclude that it was error to deny the defendant’s special requested instruction, whic…
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Delmetric Dowling v. State, 723 So. 2d 307 (Fla. 4th DCA 1998)…er of Use by Trial Courts of Standard Jury Instructions in Criminal Cases, 431 So. 2d 594, 598 (Fla.), modified, 431 So. 2d 599 (Fla.1981); Vazquez v. State, 700 So. 2d 5 (Fla. 4th DCA 1997), rev. granted, 705 So. 2d 902 (Fla.1998), cause dismissed, 718 So. 2d 755, (Fla. 1998) (citing State v. Bryan, 287 So. 2d 73 (Fla.1973), cert. denied, 417 U.S. 912, 94 S.Ct. 2611, 41 L.Ed.2d 216 (1974)). We conclude that the trial judge properly instructed the jury on the elements of false imprisonment and affirm appella…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Munoz v. State, 629 So. 2d 90 (Fla. 1993)
- Vazquez v. State, 700 So. 2d 5 (Fla. 4th DCA 1997)
- GEE v. Seidman & Seidman, 653 So. 2d 384 (Fla. 1995)