Opinion
No. 78299.
February 6, 1992.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Fourth District — Case No. 90-2762, Broward County.
Richard L. Jorandby, Public Defender, and Allen J. DeWeese, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for petitioner.
Robert A. Butterworth, Atty. Gen., Joan Fowler, Sr. Asst. Atty. Gen., Bureau Chief, and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for respondent.
We review DeLeon v. State, 580 So.2d 292 (Fla. 4th DCA 1991), because, in an unpublished order dated June 24, 1991, the district court granted DeLeon's motion to certify the following question as being of great public importance:
Do Instruction 3.04(c)(2), Florida Standard Jury Instructions in Criminal Cases, and Section 777.201(2), Florida Statutes (1989), both applicable to offenses after 1987, unconstitutionally shift the burden to the defense to prove entrapment?
We recently answered this question in the negative. Herrera v. State, 594 So.2d 275, (Fla. 1992). Therefore, we approve DeLeon.
It is so ordered.
SHAW, C.J., and OVERTON, GRIMES, KOGAN and HARDING, JJ., concur.
BARKETT, J., concurs in result only.