Opinion
No. 88-2342.
July 19, 1989. Rehearing Denied August 16, 1989.
Appeal from the Circuit Court for Broward County; Russell E. Seay, Jr., Judge.
Robert A. Butterworth, Atty. Gen., Tallahassee, and James J. Carney, Asst. Atty. Gen., West Palm Beach, for appellant.
Kenneth P. Speiller and Louis Stoskopf of Law Offices of Max P. Engel, Miami, for appellee.
REVERSED. We believe the trial court erred in dismissing the charges against appellee on the grounds that appellee was entrapped as a matter of law. Cf. State v. Garcia, 528 So.2d 76 (Fla. 2d DCA), rev. denied, 536 So.2d 244 (Fla. 1988).
ANSTEAD and STONE, JJ., and FENNELLY, JOHN E., Associate Judge, concur.