State v. Embry

District Court of Appeal of Florida

State v. Embry

593 So. 2d 327, 1992 Fla. App. LEXIS 1477, 1992 WL 29025

CourtDistrict Court of Appeal of Florida

DecidedFebruary 21, 1992

DocketNo. 89-01220

StatusPublished

This text of 593 So. 2d 327 (State v. Embry) 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. Embry, 593 So. 2d 327, 1992 Fla. App. LEXIS 1477, 1992 WL 29025 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

On remand from the Supreme Court of Florida, we reconsider our opinion in State v. Embry, 563 So.2d 147 (Fla. 2d DCA 1990), quashed, 588 So.2d 995 (Fla.1991), in light of Hunter v. State, 586 So.2d 319 (Fla.1991).

[328]*328The trial court dismissed the prosecution against Embry on due process grounds. Based on the supreme court’s opinion in Hunter, we reverse the dismissal of the prosecution. Because the facts stated in the motion to dismiss are in the nature of entrapment allegations, on remand we direct the trial court to consider the defense of objective entrapment. See Hunter, 586 So.2d at 321-22; Cruz v. State, 465 So.2d 516 (Fla.), cert. denied, 473 U.S. 905, 105 S.Ct. 3527, 87 L.Ed.2d 652 (1985).

Reversed and remanded.

FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.

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PER CURIAM.

On remand from the Supreme Court of Florida, we reconsider our opinion in State v. Embry, 563 So.2d 147 (Fla. 2d DCA 1990), quashed, 588 So.2d 995 (Fla.1991), in light of Hunter v. State, 586 So.2d 319 (Fla.1991).

[328]*328The trial court dismissed the prosecution against Embry on due process grounds. Based on the supreme court’s opinion in Hunter, we reverse the dismissal of the prosecution. Because the facts stated in the motion to dismiss are in the nature of entrapment allegations, on remand we direct the trial court to consider the defense of objective entrapment. See Hunter, 586 So.2d at 321-22; Cruz v. State, 465 So.2d 516 (Fla.), cert. denied, 473 U.S. 905, 105 S.Ct. 3527, 87 L.Ed.2d 652 (1985).

Reversed and remanded.

FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.

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593 So. 2d 327, 1992 Fla. App. LEXIS 1477, 1992 WL 29025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-embry-fladistctapp-1992.

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