Oyler v. State
Oyler v. State
Opinion of the Court
Appellant, John Houston Oyler, was convicted of use of a computer to lure a minor to commit unlawful sexual conduct, traveling to meet the minor for the same illicit purpose and use of a two-way communication device to commit a felony. Determining that it was error to deny Appellant an entrapment instruction, we reverse and remand for a new trial.
The police conducted a “sting” operation, during which a police officer posed as a young female on an internet dating site, to ferret out would-be offenders who
[Appellant]: So for real, tell me what you wanna do. Do you want to do what I was talking about last night, or get drunk, or go for a ride, what’s up?
[Police]: ... and u were talkin about sex last night, is that what you want? I just wanna know lol
[Appellant]: I mean, if it happens, it happens. I wouldn’t be going with that intention. I would be going to party with a lonely chick that’s home alone and can’t really get out to do anything ... But, there is that whole mindset of whatever happens happens.
After an interchange that continued into the next day, with some intermissions, Appellant agreed to meet the decoy for the purpose of engaging in a sexual encounter. The police intercepted and arrested Appellant on his way to the rendezvous.
Although numerous issues are raised on appeal, we conclude that the dispositive issue requires a new trial, rendering it unnecessary to address the other points. The trial court effectively decided the issue of entrapment as a matter of law in favor of the State. This was error. Morgan v. State, 112 So.3d 122, 125 (Fla. 5th DCA 2013), is indistinguishable on this point.
REVERSED AND REMANDED.
. The State's reliance on Marreel v. State, 841 So.2d 600 (Fla. 4th DCA 2003), is misplaced because that case did not involve a jury instruction issue. In Marreel, the defendant pled guilty after his motion to dismiss was denied. The issue on appeal in that case was whether the trial court erred when it denied the defense motion to dismiss based on entrapment.
Concurring Opinion
concurring and concurring specially.
Although the majority determined that it is unnecessary to address an evidentiary issue raised by Appellant, I think the trial judge erred in allowing the officers to tes
Case-law data current through December 31, 2025. Source: CourtListener bulk data.