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586 So. 2d 515

Docket No. 91-8.

State v. Munoz

STATE of Florida, Appellant, v. Manuel MUNOZ, Appellee.

District Court of Appeal of Florida

Decided October 8, 1991.

District Court of Appeal of Florida · decided 1991-10-08

Cited by 8 later decisions — most recently October 1993

8 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 1991-10-08

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¶1Robert A. Butterworth, Atty. Gen., Laura Rush, Asst. Atty. Gen., Tallahassee, for appellant.

¶2Alvin L. Peters of McCauley & Peters, Panama City, for appellee.

¶3PER CURIAM.

¶4The 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.

¶5SHIVERS and WOLF, JJ., and WENTWORTH, Senior Judge, concur.

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