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575 So. 2d 776

Smith v. State

District Court of Appeal of Florida · decided 1991-03-07

Cited by 2 later decisions — most recently May 1993

2 state decisions

Relies on United States v. American College of Physicians · Allied Corp. v. District 17, United Mine Workers · 465 So. 2d 516 - Cruz v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-03-07

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PER CURIAM.

¶1The appellant argues that the trial court erred in denying appellant’s motion for Judgment of Acquittal based upon the defense of entrapment as a matter of law. We disagree. Entrapment as a matter of law does not exist where police activity (1) has as its end the interruption of a specific ongoing criminal activity, and (2) utilizes means reasonably tailored to apprehend those involved in [the ongoing] criminal *777activity. 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). The facts of this case clearly establish that both prongs of the Cruz test were met.

¶2AFFIRMED.

COWART and GRIFFIN, JJ., and ANTOON, J., II, Associate Judge, concur.
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