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State v. Munoz

District Court of Appeal of Florida, First District
Oct 8, 1991
586 So. 2d 515 (Fla. Dist. Ct. App. 1991)

Summary

In Munoz, a prior panel of this court held that section 777.201, Florida Statutes (1987), effectively abolished the objective entrapment test articulated in Cruz v. State, 465 So.2d 516 (Fla.), cert. denied, 473 U.S. 905, 105 S.Ct. 3527, 87 L.Ed.2d 652 (1985).

Summary of this case from STATE v. THINH THIEN PHAM

Opinion

No. 91-8.

October 8, 1991.

Appeal from the Circuit Court for Bay County; Clinton E. Foster, Judge.

Robert A. Butterworth, Atty. Gen., Laura Rush, Asst. Atty. Gen., Tallahassee, for appellant.

Alvin L. Peters of McCauley Peters, Panama City, for appellee.


The State of Florida appeals from a final order dismissing an information against Manuel Munoz. The trial judge dismissed the charge finding that the Florida Supreme Court's two-prong test for entrapment set forth 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), constituted binding precedent as to this case. The state asserts that the enactment of section 777.201, Florida Statutes (1987), abolished the objective entrapment test as set forth in Cruz, supra. For the reasons set forth in Gonzalez v. State, 571 So.2d 1346 (Fla. 3rd DCA 1990), and Krajewski v. State, ___ So.2d ___, 16 F.L.W. D692 (Fla. 4th DCA March 13, 1991), we accept the arguments of the state and reverse the decision of the trial court.

SHIVERS and WOLF, JJ., and WENTWORTH, Senior Judge, concur.


Summaries of

State v. Munoz

District Court of Appeal of Florida, First District
Oct 8, 1991
586 So. 2d 515 (Fla. Dist. Ct. App. 1991)

In Munoz, a prior panel of this court held that section 777.201, Florida Statutes (1987), effectively abolished the objective entrapment test articulated in Cruz v. State, 465 So.2d 516 (Fla.), cert. denied, 473 U.S. 905, 105 S.Ct. 3527, 87 L.Ed.2d 652 (1985).

Summary of this case from STATE v. THINH THIEN PHAM

In Munoz, this court aligned itself with the Third District Court of Appeal in Gonzalez v. State, 571 So.2d 1346 (Fla. 3rd DCA 1990), rev. denied, 584 So.2d 998 (Fla. 1991), and with the Fourth District Court of Appeal in Krajewski v. State, 587 So.2d 1175 (Fla. 4th DCA 1991), quashed on other grounds, 589 So.2d 254 (Fla. 1991), holding that section 777.201, Florida Statutes (1987), effectively abolished the objective entrapment test set forth 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).

Summary of this case from Simmons v. State
Case details for

State v. Munoz

Case Details

Full title:STATE OF FLORIDA, APPELLANT, v. MANUEL MUNOZ, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Oct 8, 1991

Citations

586 So. 2d 515 (Fla. Dist. Ct. App. 1991)

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