ALBERTO BRYAN IRSULA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the evidence presented required submitting the issue of entrapment to the trier of fact, and the evidence supported the guilty verdicts.
Alberto Bryan Irsula was convicted of trafficking in cocaine and conspiracy to traffic in cocaine. He appealed, arguing the trial court erred in denyi…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Predisposition To Commit Crime cases and more on FLexlaw
WHATLEY, Judge.
Alberto Bryan Irsula appeals his convictions for trafficking in cocaine and conspiracy to traffick in cocaine. In this opinion, we address one of the issues he raises on appeal and affirm.
Irsula argues that the trial court erred in denying his motion for a judgment of acquittal because he established the defense of entrapment at trial. We disagree. In Robichaud v. State, 658 So. 2d 166, 168 (Fla. 2d DCA 1995) (quoting Munoz v. State, 629 So. 2d 90, 99-100 (Fla.1993)), this court held that the test for entrapment was as follows:
(1) “[Wjhether an agent of the government induced the accused to commit the offense charged;” (2) “whether the accused was predisposed to commit the offense charged; that is, whether the accused was awaiting any propitious opportunity or was ready and willing, without persuasion, to commit the offense;” and (3) “whether the entrapment evaluation should be submitted to a jury.”
Unlike the compelling and unopposed evidence in Robichaud, the evidence presented in this case clearly required submitting the issue of entrapment to the trier of fact. See § 777.201, Fla. Stat. (1997). Further, the evidence adduced at trial supports the guilty verdicts.
Affirmed.
BLUE, C.J., and CASANUEVA, J., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Gennette v. State, 124 So. 3d 273 (Fla. 1st DCA 2013)…have handled entrapment cases with mixed evidence. See, e.g., Jackson v. State, 810 So. 2d 545, 547-48 (Fla. 4th DCA 2002) (finding that whether defendant was induced required an interpretation of the facts and was a jury question); Irsula v. State, 805 So. 2d 912 (Fla. 2d DCA 2001) (holding that because the entrapment evidence was not compelling and unopposed, it was properly submitted to the trier of fact); State v. Dawson, 681 So. 2d 1206, 1208 (Fla. 3d DCA 1996) (quoting Munoz, 629 So. 2d at 100) (explain…
Authorities Cited
- Munoz v. State, 629 So. 2d 90 (Fla. 1993)
- Robichaud v. State, 658 So. 2d 166 (Fla. 2d DCA 1995)