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593 So. 2d 327

State v. Embry

District Court of Appeal of Florida

Decided February 21, 1992

District Court of Appeal of Florida · decided 1992-02-21

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

Decided 1992-02-21

PER CURIAM.

¶1On remand from the Supreme Court of Florida, we reconsider our opinion in State v. Embry, 563 So.2d 147 (Fla. 2d DCA 1990), quashed, 588 So.2d 995 (Fla.1991), in light of Hunter v. State, 586 So.2d 319 (Fla.1991).

¶2*328The trial court dismissed the prosecution against Embry on due process grounds. Based on the supreme court’s opinion in Hunter, we reverse the dismissal of the prosecution. Because the facts stated in the motion to dismiss are in the nature of entrapment allegations, on remand we direct the trial court to consider the defense of objective entrapment. See Hunter, 586 So.2d at 321-22; Cruz v. State, 465 So.2d 516 (Fla.), cert. denied, 473 U.S. 905, 105 S.Ct. 3527, 87 L.Ed.2d 652 (1985).

¶3Reversed and remanded.

FRANK, A.C.J., and PATTERSON and ALTENBERND, JJ., concur.
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