Perez v. State

Florida Circuit Courts

Perez v. State

20 Fla. Supp. 2d 138

Circuit Court for the Judicial Circuits of Florida·Decided November 3, 1986·No. Case No. 84-203 AC·Published

Opinion

OPINION OF THE COURT

PER CURIAM.

Appellant, Perez, as a result of an undercover police operation, was convicted of unlawfully renting a room for the purpose of prostitution. Upon a review of the record on appeal, it is the opinion of this court that the police activity in the instant case constituted entrapment as a matter of law. The police officers’ involvement in the enterprise out of which the charge against the Appellant arose was so extensive that it may be characterized as outrageous. The “criminal conduct” was the [139] product of the creative activity of the law-enforcement officers and, but for the police activity engendering the crime, no crime existed. See Cruz v. State, 465 So.2d 516 (Fla. 1985); Brown v. State, 484 So.2d 1324 (Fla. 3d DCA 1986); Morris v. State, 487 So.2d 291 (Fla. 1986).

Accordingly, the conviction and sentence entered by the trial court are reversed.

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OPINION OF THE COURT

PER CURIAM.

Appellant, Perez, as a result of an undercover police operation, was convicted of unlawfully renting a room for the purpose of prostitution. Upon a review of the record on appeal, it is the opinion of this court that the police activity in the instant case constituted entrapment as a matter of law. The police officers’ involvement in the enterprise out of which the charge against the Appellant arose was so extensive that it may be characterized as outrageous. The “criminal conduct” was the [139] product of the creative activity of the law-enforcement officers and, but for the police activity engendering the crime, no crime existed. See Cruz v. State, 465 So.2d 516 (Fla. 1985); Brown v. State, 484 So.2d 1324 (Fla. 3d DCA 1986); Morris v. State, 487 So.2d 291 (Fla. 1986).

Accordingly, the conviction and sentence entered by the trial court are reversed.

Perez v. State, 20 Fla. Supp. 2d 138 (Fla. Super. Ct. 1986).

Pincite

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Opinion

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