Smith v. State

Supreme Court of Florida
Smith v. State, 468 So. 2d 984 (Fla. 1985)
10 Fla. L. Weekly 261; 1985 Fla. LEXIS 3316
Adkins, Alderman, Boyd, Ehrlich, McDonald, Overton, Shaw

Smith v. State

Opinion of the Court

PER CURIAM.

We accepted jurisdiction in this case because of conflict with State v. Casper, 417 So.2d 263 (Fla. 1st DCA 1982). Art. V, § 3(b)(3), Fla.Const. The facts are legally indistinguishable from those in Cruz v. State, 465 So.2d 516 (Fla. 1985). As we find in Cruz, the decoy ruse constituted entrapment as a matter of law. Accordingly, we quash the opinion of the district court, Smith v. State, 441 So.2d 1162 (Fla. 2d DCA 1983), and remand for action consistent with this opinion.

It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, McDonald, EHRLICH and SHAW, JJ., concur. ALDERMAN, J., dissents.

Reference

Full Case Name
Raymond Lee SMITH v. STATE of Florida
Status
Published