Florida District Courts of Appeal, 1991

Smith v. State

Smith v. State
Florida District Courts of Appeal · Decided March 7, 1991 · Antoon, Cowart, Griffin
575 So. 2d 776; 1991 Fla. App. LEXIS 1798; 1991 WL 27501 (Southern Reporter, Second Series)

Smith v. State

Opinion of the Court

PER CURIAM.

The appellant argues that the trial court erred in denying appellant’s motion for Judgment of Acquittal based upon the defense of entrapment as a matter of law. We disagree. Entrapment as a matter of law does not exist where police activity (1) has as its end the interruption of a specific ongoing criminal activity, and (2) utilizes means reasonably tailored to apprehend those involved in [the ongoing] criminal *777activity. Cruz v. State, 465 So.2d 516 (Fla. 1985), cert. denied, 473 U.S. 905, 105 S.Ct. 3527, 87 L.Ed.2d 652 (1985). The facts of this case clearly establish that both prongs of the Cruz test were met.

AFFIRMED.

COWART and GRIFFIN, JJ., and ANTOON, J., II, Associate Judge, concur.

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