Opinion
No. 90-408.
March 7, 1991.
Appeal from the Circuit Court, Volusia County, R. Michael Hutcheson, J.
James B. Gibson, Public Defender, and Michele A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Judy Taylor Rush, Asst. Atty. Gen., Daytona Beach, for appellee.
The appellant argues that the trial court erred in denying appellant's motion for Judgment of Acquittal based upon the defense of entrapment as a matter of law. We disagree. Entrapment as a matter of law does not exist where police activity (1) has as its end the interruption of a specific ongoing criminal activity, and (2) utilizes means reasonably tailored to apprehend those involved in [the ongoing] criminal activity. Cruz v. State, 465 So.2d 516 (Fla. 1985), cert. denied, 473 U.S. 905, 105 S.Ct. 3527, 87 L.Ed.2d 652 (1985). The facts of this case clearly establish that both prongs of the Cruz test were met.
AFFIRMED.
COWART and GRIFFIN, JJ., and ANTOON, J., II, Associate Judge, concur.