Perez v. State

Florida Circuit Courts

Perez v. State

20 Fla. Supp. 2d 138

CourtCircuit Court for the Judicial Circuits of Florida

DecidedNovember 3, 1986

DocketCase No. 84-203 AC

StatusPublished

This text of 20 Fla. Supp. 2d 138 (Perez v. State) is published on Counsel Stack Legal Research, covering Circuit Court for the Judicial Circuits of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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

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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]*139product 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]*139product 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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20 Fla. Supp. 2d 138, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perez-v-state-flacirct-1986.

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