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468 So. 2d 984

468 So.2d 984

10 Fla.L.Weekly 261

Smith v. State

Supreme Court of Florida

Decided May 2, 1985

Supreme Court of Florida · decided 1985-05-02

Relies on 465 So. 2d 516 - Cruz v. State · 417 So. 2d 263 - State v. Casper · Smith v. State

Decided 1985-05-02

PER CURIAM.

¶1We accepted jurisdiction in this case because of conflict with State v. Casper, 417 So.2d 263 (Fla. 1st DCA 1982). Art. V, § 3(b)(3), Fla.Const. The facts are legally indistinguishable from those in Cruz v. State, 465 So.2d 516 (Fla.1985). As we find in Cruz, the decoy ruse constituted entrapment as a matter of law. Accordingly, we quash the opinion of the district court, Smith v. State, 441 So.2d 1162 (Fla. 2d DCA 1983), and remand for action consistent with this opinion.

¶2It is so ordered.

BOYD, C.J., and ADKINS, OVERTON, McDonald, EHRLICH and SHAW, JJ., concur. ALDERMAN, J., dissents.
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