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Smith v. State

468 So. 2d 984, 10 Fla. L. Weekly 261, 1985 Fla. LEXIS 3316
CourtSupreme Court of Florida
DecidedMay 2, 1985
DocketNo. 64678
StatusPublished

This text of 468 So. 2d 984 (Smith 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
Smith v. State, 468 So. 2d 984, 10 Fla. L. Weekly 261, 1985 Fla. LEXIS 3316 (Fla. 1985).

Opinion

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.

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Related

Cruz v. State
465 So. 2d 516 (Supreme Court of Florida, 1985)
State v. Casper
417 So. 2d 263 (District Court of Appeal of Florida, 1982)
Smith v. State
441 So. 2d 1162 (District Court of Appeal of Florida, 1983)

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Bluebook (online)
468 So. 2d 984, 10 Fla. L. Weekly 261, 1985 Fla. LEXIS 3316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-fla-1985.