DeLeon v. State

594 So. 2d 286, 17 Fla. L. Weekly Supp. 95, 1992 Fla. LEXIS 158, 1992 WL 18573
CourtSupreme Court of Florida
DecidedFebruary 6, 1992
DocketNo. 78299
StatusPublished
Cited by1 cases

This text of 594 So. 2d 286 (DeLeon v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeLeon v. State, 594 So. 2d 286, 17 Fla. L. Weekly Supp. 95, 1992 Fla. LEXIS 158, 1992 WL 18573 (Fla. 1992).

Opinion

McDonald, justice.

We review DeLeon v. State, 580 So.2d 292 (Fla. 4th DCA 1991), because, in an unpublished order dated June 24, 1991, the district court granted DeLeon’s motion to certify the following question as being of great public importance:

Do Instruction 3.04(c)(2), Florida Standard Jury Instructions in Criminal Cases, and Section 777.201(2), Florida Statutes (1989), both applicable to offenses after 1987, unconstitutionally shift the burden to the defense to prove entrapment?

We recently answered this question in the negative. Herrera v. State, 594 So.2d 275, (Fla.1992). Therefore, we approve De-Leon.

It is so ordered.

SHAW, C.J., and OVERTON, GRIMES, KOGAN and HARDING, JJ., concur. BARKETT, J., concurs in result only.

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Related

Holiday v. State
753 So. 2d 1264 (Supreme Court of Florida, 2000)

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Bluebook (online)
594 So. 2d 286, 17 Fla. L. Weekly Supp. 95, 1992 Fla. LEXIS 158, 1992 WL 18573, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deleon-v-state-fla-1992.