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Florida District Courts of Appeal, 1992

Robertson v. State

Robertson v. State
Florida District Courts of Appeal · Decided July 15, 1992 · Alderman, James, Letts, Owen, William
605 So. 2d 94; 1992 Fla. App. LEXIS 8043; 1992 WL 161657 (Southern Reporter, Second Series)

Robertson v. State

Opinion of the Court

PER CURIAM.

Reversed on the authority of Kelly v. State, 593 So.2d 1060 (Fla. 4th DCA 1992), and Grissett v. State, 594 So.2d 321 (Fla. 4th DCA 1992). Upon remand the trial court shall enter an order of discharge.

REVERSED AND REMANDED.

LETTS, J., concurs. ALDERMAN, JAMES E., Senior Justice, and OWEN, WILLIAM C., Jr., Senior Judge, concur specially, with opinion.

Concurring Opinion

ALDERMAN, JAMES E., Senior Justice, and OWEN, WILLIAM C., Jr.,

concurring specially:

We concur because of the above precedents, cases which we feel were wrongly decided.

070rehearing

ON REHEARING

ORDERED that appellee’s motion filed July 30, 1992, for rehearing en banc is hereby denied; further,

ORDERED that appellee’s motion filed July 30, 1992, for certification of question is granted. The following question is hereby certified to the Supreme Court of Florida:

DOES THE SOURCE OF ILLEGAL DRUGS USED BY LAW ENFORCEMENT PERSONNEL TO CONDUCT REVERSE STINGS CONSTITUTIONALLY SHIELD THOSE WHO BECOME ILLICITLY INVOLVED WITH SUCH DRUGS FROM CRIMINAL LIABILITY?

ORDERED that appellee’s motion filed July 30, 1992, to stay mandate pending Supreme Court review is hereby granted.

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