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Florida District Courts of Appeal, 1997

Bussell v. State

Bussell v. State
Florida District Courts of Appeal · Decided November 7, 1997 · Dauksch, Griffin, Only, Sharp
701 So. 2d 124; 1997 Fla. App. LEXIS 12539; 1997 WL 689852 (Southern Reporter, Second Series)

Bussell v. State

Opinion of the Court

GRIFFIN, Chief Judge.

After pleading nolo contendere to conspiracy and trafficking in cocaine, reserving his right to appeal, appellant seeks review of the lower court’s order denying his motion to dismiss. He claims he was entrapped as a matter of law. This contention is plainly without merit. Munoz v. State, 629 So.2d 90 (Fla. 1993). At best, the testimony and other evidence on this issue created an issue of fact which appellant elected not to submit to a jury.

AFFIRMED.

W. SHARP, J., concurs. DAUKSCH, J., concurs in result only.

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