From Casetext: Smarter Legal Research

State v. Lopez

District Court of Appeal of Florida, Third District
Mar 29, 1988
522 So. 2d 537 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-1101.

March 29, 1988.

An Appeal from an order of the Circuit Court for Dade County; Phillip W. Knight, Judge.

Robert A. Butterworth, Atty. Gen. and Margarita Muina Febres, Asst. Atty. Gen., for appellant.

Carl H. Lida and Lane S. Abraham, Miami, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.


Like State v. Konces, 521 So.2d 313 (Fla. 3d DCA 1988), in which, as here, the defendant drug seller was put together with the police by a confidential informant, neither of the two prongs of the objective entrapment test adopted in 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), was established. See also Donaldson v. State, 519 So.2d 737 (Fla. 3d DCA 1988). Accordingly, the order below, which granted the defendant's sworn motion to dismiss on that ground, is reversed.

Konces was, of course, decided subsequent to the order presently under review.

We note that the Cruz objective test has been abolished by the Florida Legislature in section 777.201, Florida Statutes (1987), effective October 1, 1987. Since the offense alleged in this case occurred before that date, however, Cruz remains applicable.


Summaries of

State v. Lopez

District Court of Appeal of Florida, Third District
Mar 29, 1988
522 So. 2d 537 (Fla. Dist. Ct. App. 1988)
Case details for

State v. Lopez

Case Details

Full title:THE STATE OF FLORIDA, APPELLANT, v. HECTOR LOPEZ, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Mar 29, 1988

Citations

522 So. 2d 537 (Fla. Dist. Ct. App. 1988)

Citing Cases

State v. Reasbeck

PER CURIAM. The order under review dismissing this prosecution apparently on the ground of objective…

Simmons v. State

A review of current law shows that, even if the fourth DCA intends to recede from its holding in Krajewski,…