Florida District Courts of Appeal, 1992

State v. Embry

State v. Embry
Florida District Courts of Appeal · Decided February 21, 1992 · Altenbernd, Frank, Patterson
593 So. 2d 327; 1992 Fla. App. LEXIS 1477; 1992 WL 29025 (Southern Reporter, Second Series)

State v. Embry

Opinion of the Court

PER CURIAM.

On remand from the Supreme Court of Florida, we reconsider our opinion in State v. Embry, 563 So.2d 147 (Fla. 2d DCA 1990), quashed, 588 So.2d 995 (Fla. 1991), in light of Hunter v. State, 586 So.2d 319 (Fla. 1991).

*328The trial court dismissed the prosecution against Embry on due process grounds. Based on the supreme court’s opinion in Hunter, we reverse the dismissal of the prosecution. Because the facts stated in the motion to dismiss are in the nature of entrapment allegations, on remand we direct the trial court to consider the defense of objective entrapment. See Hunter, 586 So.2d at 321-22; Cruz v. State, 465 So.2d 516 (Fla.), cert. denied, 473 U.S. 905, 105 S.Ct. 3527, 87 L.Ed.2d 652 (1985).

Reversed and remanded.

FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.

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