FRANCIS YVONNE BROSI, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that the evidence did not warrant a jury instruction on entrapment because the defendant had the requisite criminal intent.
Undercover officers, through an informant, arranged to purchase drugs from the defendant. A sale was consummated after discussions about price, merit,…
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Following a jury trial, defendant seeks reversal of her conviction for delivery of hallucinogenic drugs, unlawful sale of marijuana and conspiracy to commit a felony. She contends that the trial judge erred in his holding that the evidence did not warrant giving an instruction to the jury on the defense of entrapment.
Undercover police officers were contacted by a police informant concerning the possible sale by defendant of hallucinogenic drugs. The informant placed a call to defendant and the police officers then spoke to defendant about the possibility of doing business. Later that evening the officers and the informant met with defendant and the price, merit and quantity of drugs to be sold was discussed. A sale of hallucinogenic drugs was thereafter consummated.
The defense of entrapment is only available to one who was induced or lured by an officer of the law into the commission of a crime which he had otherwise no intention of committing. Koptyra v. State, Fla.App.1965, 172 So.2d 628. After a close examination of the record on appeal we fail to find therein any evidence legally sufficient to establish the defense *850of entrapment. The testimony reveals that defendant was no innocent pawn. The officers acted in good faith for the purpose of discovering or detecting a crime and-merely furnished the opportunity for the commission thereof by defendant who had the requisite criminal intent. Since the evidence negates the defense of entrapment, appellant was not entitled to jury instructions on the law relating to the defense of entrapment. Blackshear v. State, Fla.App.1971, 246 So.2d 173; Koptyra v. State, supra; Kibby v. United States (8th Cir. 1967), 372 F.2d 598, cert. den. 387 U. S. 931, 87 S.Ct. 2055, 18 L.Ed.2d 993.
We have considered defendant’s remaining points on appeal and find them to be without substantial merit. The judgment appealed is accordingly affirmed.
Affirmed.
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Story v. State, 355 So. 2d 1213 (Fla. 4th DCA 1978)…ce of the officer’s “reasonable suspicion” that the defendant was engaged in illegal activities. Cf. State v. Burrow, 514 S.W. 2d 585 (Mo.1974). This will frequently be established through the tip of a reliable informant. See, e. g., Brosi v. State, 263 So. 2d 849 (Fla. 3 DCA 1972). However, proof of prior criminal activities, a reputation for such activities or reasonable suspicion of a defendant’s involvement in such activities, is not essential to proof of the defendant’s predisposition to commit the offe…
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Filgueiras v. State, 291 So. 2d 21 (Fla. 3d DCA 1974)…well aware of the consequences of his act, and all the informant did was afford the defendant an opportunity to make the sale. Koptyra v. State, Fla.App.1965, 172 So. 2d 628; State v. Rouse, Fla.App.1970, 239 So. 2d 79; Brosi v. State, Fla.App.1972, 263 So. 2d 849. Therefore, we find no merit in the first point [that the transcripts themselves entitled the defendant to a judgment of acquittal on the defense of entrapment], On the second point, the appellant urges the trial court erred in failing to dismiss t…
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Jackson v. State, 270 So. 2d 30 (Fla. 4th DCA 1972)…v. United States, 10 Cir. 1967, 373 F. 2d 810. . Sherman v. United States, 1958, 356 U.S. 369, 78 S.Ct. 819, 2 L.Ed.2d 848; State v. Rouse, Fla.App.1970, 239 So. 2d 79; Thomas v. State, Fla.App.1966, 185 So. 2d 745. . Brosi v. State, Fla.App.1972, 263 So. 2d 849; Blackshear v. State, Fla.App.1971, 246 So. 2d 173. . Pearson v. State, Fla.App.1969, 221 So. 2d 760; Ivory v. State, Fla.App.1965, 173 So. 2d 759. . Martinez v. United States, 10 Cir. 1967, 373 F. 2d 810; State v. Rouse, Fla.App.1970, 239 So. 2d…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Koptyra v. State, 172 So. 2d 628 (Fla. 2d DCA 1965)
- Wilcox v. Transamerican Freight Lines, Inc., 387 U.S. 931 (U.S. 1967)
- Am. Guild of Variety Artists v. Smith, 387 U.S. 931 (U.S. 1967)
- Kibby v. United States, 372 F.2d 598 (8th Cir. 1967)
- Blackshear v. State, 246 So. 2d 173 (Fla. 1st DCA 1971)