Home/District Court of Appeal of Florida/State v. Cerrito

State v. Cerrito

595 So. 2d 247, 1992 Fla. App. LEXIS 1885, 1992 WL 38338
CourtDistrict Court of Appeal of Florida
DecidedMarch 4, 1992
DocketNo. 90-2317
StatusPublished

This text of 595 So. 2d 247 (State v. Cerrito) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Cerrito, 595 So. 2d 247, 1992 Fla. App. LEXIS 1885, 1992 WL 38338 (Fla. Ct. App. 1992).

Opinions

ON REMAND

PER CURIAM.

Based on State v. Hunter, 586 So.2d 319 (Fla.1991) we reverse the order of the trial court dismissing the charges against appellees Cerrito, Blanco and Copa. The facts of this case do not rise to entrapment as a matter of law. See Cruz v. State, 465 So.2d 516 (Fla.), cert, denied, 473 U.S. 905, 105 S.Ct. 3527, 87 L.Ed.2d 652 (1985). Furthermore, as to Blanco and Copa neither claims of entrapment nor due process are available as a defense to the charges. See State v. Hunter, 586 So.2d 319 (Fla.1991); State v. Garcia, 528 So.2d 76 (Fla. 2d DCA 1988), rev. denied, 536 So.2d 244 (Fla.1988).

HERSEY and WARNER, JJ., concur. POLEN, J., dissents with opinion.

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Related

State v. Glosson
462 So. 2d 1082 (Supreme Court of Florida, 1985)
Cruz v. State
465 So. 2d 516 (Supreme Court of Florida, 1985)
State v. Garcia
528 So. 2d 76 (District Court of Appeal of Florida, 1988)
State v. Hunter
586 So. 2d 319 (Supreme Court of Florida, 1991)
State v. Cerrito
578 So. 2d 61 (District Court of Appeal of Florida, 1991)

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Bluebook (online)
595 So. 2d 247, 1992 Fla. App. LEXIS 1885, 1992 WL 38338, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cerrito-fladistctapp-1992.