RAFAEL JIMENEZ, 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.
Rafael Jimenez appealed the denial of his Rule 3.850 postconviction motion challenging the effectiveness of his trial counsel. The appellate court affirmed the denial of most claims but reversed the summary denial of portions of claims two and seven concerning ineffective assistance for failing to raise an entrapment defense and for failing to investigate viable defenses.
The court reversed the summary denial of portions of claims two and seven regarding ineffective assistance of counsel. Jimenez stated a facially sufficient claim of entrapment by alleging government agent inducement through persuasion based on friendship and need, combined with allegations of no predisposition based on lack of prior criminal history and drug distribution experience. The postconviction court must hold an evidentiary hearing or provide record evidence refuting the entrapment allegations. Regarding claim seven, Jimenez should be given an opportunity to amend his conclusory allegations with specific facts.
[1] Entrapment may be determined as a matter of law when the factual circumstances of the case are not in dispute.
[2] The entrapment defense requires a defendant to prove by a preponderance of the evidence that government agents induced or encouraged the criminal conduct and that this in…
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.”
Codification of subjective entrapment defense under Florida Statutes section 777.201(1), establishing the legal standard for evaluating entrapment claims.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceJimenez pleaded guilty to trafficking in cocaine and was sentenced to a mandatory minimum of fifteen years in prison. He claimed a confidential inform…
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 Subjective Entrapment cases and more on FLexlaw
CANADY, CHARLES T., Associate Judge.
Rafael Jimenez appeals the denial of his motion for postconviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. We affirm without comment the summary denial of claims three, five, six, and portions of claims two and seven and the nonsummary denial of claims one and four. For the reasons explained below, we reverse the summary denial of portions of claims two and seven.
Jimenez entered an open plea of guilty to one count of trafficking in cocaine. He was sentenced to a minimum mandatory term of fifteen years in prison. This court affirmed his conviction and sentence. See Jimenez v. State, 880 So. 2d 1224 (Fla. 2d DCA 2004) (table).
In part of claim two of his motion for postconviction relief, Jimenez argued that his trial counsel was ineffective for failing to file a motion to dismiss based on an entrapment defense. He claimed that he was entrapped into committing the offense by the confidential informant (Cl), with whom he had a longstanding friendship. Jimenez argued that the Cl — as an agent of the government — induced Jimenez to engage in the offense of trafficking by telling Jimenez that the Cl was in desperate need of money but that the Cl could no longer continue his drug distribution in light of an earlier arrest. Jimenez claimed that the Cl brought the drugs to his house and arranged for Jimenez to meet the prospective buyers. Jimenez asserted that the “Cl took advantage of their friendship and begged [Jimenez] to help him finan- dally.” Jimenez also argued that the Cl gave him drugs while indudng him to commit the offense, taking advantage of Jimenez’s drug addiction. Jimenez argued that he had no predisposition to commit the offense of trafficking. He claimed that counsel was aware of the facts that would support an entrapment defense and that but for trial counsel’s unprofessional error in this regard, Jimenez would not have pleaded guilty.
The postconviction court denied this claim because Jimenez failed to “establish by a preponderance of the evidence that [Jimenez] was induced, since [Jimenez] did not put forth any facts or evidence to prove inducement. Simply stating that [he] was induced, incited or forced is not enough.” We disagree with the postcon-viction court’s conclusion that Jimenez did not state a facially sufficient claim.
Under Florida law, there are two distinct entrapment defenses: subjective entrapment and objective entrapment. Objective entrapment arises “in the presence of egregious law enforcement conduct” and “is to be evaluated under the due process provision of article I, section 9, of the Florida Constitution.” Munoz v. State, 629 So. 2d 90, 99 (Fla.1993). To establish subjective entrapment — unlike objective entrapment — a defendant must show that he was not predisposed to commit the alleged offense. Id. The elements of the subjective entrapment defense — the version of the defense relevant here — have been codified in section 777.201(1), Florida Statutes (2001).
Section 777.201(1) provides in part: A law enforcement officer, a person engaged in cooperation with a law enforcement officer, or a person acting as an agent of a law enforcement officer perpetrates an entrapment if, for the purpose of obtaining evidence of the commission of a crime, he or she induces or encourages and, as a direct result, causes another person to engage in conduct constituting such crime by employing methods of persuasion or inducement which create a substantial risk that such crime will be committed by a person other than one who is ready to commit it.
The Florida Supreme Court has adopted a three-part test to determine if subjective entrapment under section 777.201(1) has occurred. Beattie v. State, 636 So. 2d 744, 746 (Fla. 2d DCA 1993) (citing Munoz).
The first question is whether an agent of the government induced the accused to commit the offense charged. On this issue, the accused has the burden of proof and must establish this factor by a preponderance of the evidence. The second question is whether the accused was awaiting a propitious opportunity or was ready and willing, without persuasion, to commit the offense. On the second question, the defendant initially has the burden to establish lack of predisposition. As soon as the defendant produces evidence of no predisposition, the burden shifts to the prosecution to rebut this evidence beyond a reasonable doubt. In rebutting the defendant’s evidence of lack of predisposition, the prosecution may make “an appropriate and searching inquiry” into conduct of the accused and present evidence of the accused’s prior criminal history, even though such evidence normally is inadmissible. The third question is whether the entrapment evaluation should be submitted to a jury.
Id. If the State cannot produce evidence beyond a reasonable doubt that the defendant possessed a predisposition to commit the offense, a defendant is entitled to a dismissal of the charge. Id. Jimenez’s allegations concerning the Cl’s actions are enough to demonstrate inducement. See State v. Henderson, 955 So. 2d 1193, 1195 (Fla. 4th DCA 2007) (“ ‘Inducement’ includes persuasion, fraudulent representations, threats, coercive tactics, harassment, promises of reward, or pleas based on need, sympathy, or friendship.”) (emphasis added) (quoting Farley v. State, 848 So. 2d 393, 395 (Fla. 4th DCA 2003)). He also sufficiently alleged that he had no predisposition to commit the crime by claiming that he has no prior criminal history and “no history whatsoever of engaging in drug distribution.” His allegations of entrapment are not refuted by the limited record before us. Therefore, we reverse the denial of this claim and remand for the postconviction court to either hold an evidentiary hearing on this claim or attach portions of the record that refute this claim.
In claim seven of his motion, Jimenez asserted in part that trial counsel was ineffective in failing to investigate the case. Specifically, Jimenez claimed that trial counsel never advised him of viable defenses or strategies or errors in the State’s evidence, rendering Jimenez’s plea involuntary and unknowing.
The postconviction court denied this claim as conclusory, finding that Jimenez failed “to identify or specify facts to support these assertions.” The postconviction court properly found this portion of the claim to be conclusory because Jimenez did not allege specific facts which would demonstrate that his trial counsel was ineffective. See Kennedy v. State, 547 So. 2d 912, 913 (Fla.1989) (“A defendant may not simply file a motion for postconviction relief containing conclusory allegations that his or her trial counsel was ineffective and then expect to receive an evidentiary hearing. The defendant must allege specific facts that, when considering the totality of the circumstances, are not conclusively rebutted by the record and that demonstrate a deficiency on the part of counsel which is detrimental to the defendant.”). However, pursuant to Spera v. State, 971 So. 2d 754, 761 (Fla.2007), Jimenez should be given an opportunity to amend his motion to state a facially sufficient claim.
Affirmed in part, reversed in part, and remanded for further proceedings.
SILBERMAN and LaROSE, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Walton v. State, 58 So. 3d 887 (Fla. 2d DCA 2011)…y insufficient or conclusory. In the past, we may have been inclined to reverse and remand for the postconviction claimant to amend facially insufficient or conclusory claims. See Spera v. State, 971 So. 2d 754, 761-62 (Fla.2007);1 Jimenez v. State, 993 So. 2d 553, 556 (Fla. 2d DCA 2008) (applying Spera to claims that allege merely conclusory allegations as well as to claims that are facially insufficient). However, on the record before us, Mr. Walton is entitled to no such opportunity. Shortly after his dir…
-
Blanco v. State, 218 So. 3d 939 (Fla. 3d DCA 2017)…nd that “the law enforcement conduct in this case was so outrageous as to constitute denial of appellant’s due process rights.” Id. at 506. The court there also found that Na-deau proved subjective entrapment as a matter of law. In Jimenez v. State, 993 So. 2d 553, 556 (Fla. 2d DCA 2008) a confidential informant induced the defendant to engage in a drug transaction by taking advantage of a pre-existing friendship. The court there reversed the conviction based on claims of ineffective assistance of counsel for…1 / 2
-
Black v. State, 41 So. 3d 423 (Fla. 1st DCA 2010)…by the informant suggesting he was induced into a drug sale he otherwise would not have participated in. Consequently, Appellant did not demonstrate his counsel was ineffective for failing to pursue an entrapment defense.* Compare Jimenez v. State, 993 So. 2d 553, 556 (Fla. 2d DCA 2008) (claim of entrapment sufficiently alleged in postconviction motion where appellant stated that confidential informant induced him to engage in drug trafficking by pleading a desperate need for money, claiming he could not con…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Spera v. State, 971 So. 2d 754 (Fla. 2007)
- Kennedy v. State, 547 So. 2d 912 (Fla. 1989)
- Munoz v. State, 629 So. 2d 90 (Fla. 1993)
- Farley v. State, 848 So. 2d 393 (Fla. 4th DCA 2003)
- State v. Henderson, 955 So. 2d 1193 (Fla. 4th DCA 2007)
- Beattie v. State, 636 So. 2d 744 (Fla. 2d DCA 1993)