Teague v. State

Supreme Court of Florida

Teague v. State

472 So. 2d 461, 10 Fla. L. Weekly 351, 1985 Fla. LEXIS 3502

CourtSupreme Court of Florida

DecidedJune 27, 1985

DocketNo. 65315

StatusPublished

Cited by1 cases

This text of 472 So. 2d 461 (Teague 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

Teague v. State, 472 So. 2d 461, 10 Fla. L. Weekly 351, 1985 Fla. LEXIS 3502 (Fla. 1985).

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Opinion

ADKINS, Justice.

We have for review a decision of the District Court of Appeal, Second District, Teague v. State, 449 So.2d 850 (Fla. 2d DCA 1984), which expressly and . directly conflicts with State v. Casper, 417 So.2d 263 (Fla. 1st DCA), review denied, 418 So.2d 1280 (Fla.1982). We have jurisdiction under article V, section 3(b)(3), Florida Constitution.

Our decision is controlled by Cruz v. State, 465 So.2d 516 (Fla.1985), which arose from essentially identical circumstances as the present case. In Cruz, we held that the issue of entrapment must be resolved by a threshhold inquiry into the methods employed by law enforcement officials, a determination for the trial court, followed by the jury’s determination of the accused’s predisposition to commit the particular offense. We find here, as in Cruz, that the police activity constituted entrapment as a matter of law.

We quash the decision- of the district court and remand with directions that the circuit court enter an order granting petitioner’s motion to dismiss.

It is so ordered.

BOYD, C.J., and OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur. ALDERMAN, J., dissents.

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ADKINS, Justice.

We have for review a decision of the District Court of Appeal, Second District, Teague v. State, 449 So.2d 850 (Fla. 2d DCA 1984), which expressly and . directly conflicts with State v. Casper, 417 So.2d 263 (Fla. 1st DCA), review denied, 418 So.2d 1280 (Fla.1982). We have jurisdiction under article V, section 3(b)(3), Florida Constitution.

Our decision is controlled by Cruz v. State, 465 So.2d 516 (Fla.1985), which arose from essentially identical circumstances as the present case. In Cruz, we held that the issue of entrapment must be resolved by a threshhold inquiry into the methods employed by law enforcement officials, a determination for the trial court, followed by the jury’s determination of the accused’s predisposition to commit the particular offense. We find here, as in Cruz, that the police activity constituted entrapment as a matter of law.

We quash the decision- of the district court and remand with directions that the circuit court enter an order granting petitioner’s motion to dismiss.

It is so ordered.

BOYD, C.J., and OVERTON, MCDONALD, EHRLICH and SHAW, JJ., concur. ALDERMAN, J., dissents.

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472 So. 2d 461, 10 Fla. L. Weekly 351, 1985 Fla. LEXIS 3502, Counsel Stack Legal Research, https://law.counselstack.com/opinion/teague-v-state-fla-1985.

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