Opinion
No. 91,541
August 27, 1998
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance Fourth District — (Broward County) No. 96-0072
Robert A. Butterworth, Attorney General, Celia A. Terenzio, Senior Assistant Attorney General, Chief of Criminal Law, and Diana K. Bock, Assistant Attorney General, Tampa, for Petitioner
Richard L. Jorandby, Public Defender and Steven H. Malone, Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for Respondent
We have for review Vazquez v. State, 700 So.2d 5, 14 (Fla. 4th DCA 1997), in which the district court, on rehearing, certified the following question as one of great public importance:
Does the inaccuracy or incompleteness of the current standard jury instruction for the defense of entrapment reflect a fundamental change in the law requiring retroactive application to all cases after [ Munoz v. State, 629 So.2d 90 (1993)], or is it instead an evolutionary change in the law requiring only prospective application?
We find that we should decline to address this certified question because the district court did not actually rule on the issue raised by the question. See Gee v. Seidman Seidman, 653 So.2d 384 (Fla. 1995). We do note, however, that the standard jury instruction on the defense of entrapment was recently modified by our opinion in Standard Jury Instructions in Criminal Cases, 23 Fla. L. Weekly, S407, S415-16, ___ So.2d ___ , ___-___ (July 16, 1998).
Accordingly, we dismiss this cause.
It is so ordered.
HARDING, C.J., and OVERTON, SHAW, KOGAN, WELLS, ANSTEAD and PARIENTE, JJ., concur.
NO MOTION FOR REHEARING WILL BE ALLOWED.