MICHAEL V. COSTELLO, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• State v. Eichel, 495 So. 2d 787 (Fla. 2d DCA 1986)
  …art, thought it was a great idea. At the hearing on Eichel’s motion to dismiss, the defense argued that Eichel was entrapped by the actions of the female police officer, and relied upon Spencer v. State, 263 So. 2d 282 (Fla. 1st DCA), cert. denied, 267 So. 2d 835 (Fla.1972). The state relied upon State v. Liptak, 277 So. 2d 19 (Fla.1973), and argued that because Smart had not offered any personal consideration and was not on duty at the time, the defense of entrapment was not available. After the hearing, th…
• Flam v. City OF Miami Beach, 449 So. 2d 367 (Fla. 3d DCA 1984)
  …e case that these allegations raise a viable defense of entrapment to the criminal trafficking offense with which Flam was charged. E.g., Lashley v. State, 67 So. 2d 648 (Fla.1953); Spencer v. State, 263 So. 2d 282 (Fla. 1st DCA 1972), cert. denied, 267 So. 2d 835 (Fla.1972). The trial court nonetheless entered summary judgment for the city on the apparent ground that the defense was not available in a forfeiture action.1 We disagree and reverse. The determinative analysis of the question before us begins, p…
• State v. James R. Banks, 499 So. 2d 894 (Fla. 5th DCA 1986)
  …anyone else to determine whether such inducement served only to uncover an existing propensity or created a new one. This violates the threshold objective test. See Cruz v. State, supra; Spencer v. State, 263 So. 2d 282 (Fla. 1st DCA), cert, denied, 267 So. 2d 835 (Fla.1972). Cf State v. Perez, 438 So. 2d 436 (Fla. 3d DCA 1983) (the state is responsible for its agent’s “inducing conduct” even if the police are unaware of the conduct). Compare State v. Eichel, 495 So. 2d 787 (Fla. 2d DCA 1986). AFFIRMED. COB…