MAUREEN FAY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 5th DCA | 2011-04-08
No. 5D10-796
MONACO, C.J. and TORPY, J., concur.
58 So. 3d 376 Florida District Court of Appeal, Fifth District (2011) Positive Treatment
Cited by 2 cases
Topics
Trafficking In Oxycodone Subjective Entrapment Objective Entrapment Inducement

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Opinion of the Court
GRIFFIN, J.

GRIFFIN, J.

Maureen Fay [“Fay”] appeals her judgments and sentences for trafficking in twenty-eight grams or more of oxycodone and possession of drug paraphernalia. Fay argues that the trial court erred by denying her motions for judgment of acquittal based upon entrapment.

We conclude that the trial court did not err by denying the motions for judgment of acquittal based upon entrapment. First, with respect to objective entrapment, the evidence presented at trial does not establish the outrageous conduct on the part of law enforcement or the confidential informant that would render the prosecution of Fay for having sold the pills a due process violation. Second, because there existed a dispute of facts regarding the issues of inducement and predisposition, the trial court properly submitted the evaluation of subjective entrapment to the jury.

AFFIRMED.

MONACO, C.J. and TORPY, J., concur.

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  • Post v. State, 76 So. 3d 1079 (Fla. 5th DCA 2011)
    …[*1080] PER CURIAM. AFFIRMED. See Fay v. State, 58 So. 3d 376 (Fla. 5th DCA 2011). PALMER, MONACO and COHEN, JJ., concur.…
  • Hall v. State (Fla. 5th DCA 2025)

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