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660 So. 2d 417

Cruz v. Singletary

District Court of Appeal of Florida

Decided September 20, 1995

District Court of Appeal of Florida · decided 1995-09-20

Relies on 586 So. 2d 319 - State v. Hunter · Jones v. State

Decided 1995-09-20

PER CURIAM.

¶1In his petition for writ of habeas corpus, the petitioner claims that he is receiving disparate treatment from that of his co-defendant, whose conviction for trafficking in cocaine was reversed because of the trial court’s failure to instruct the jury on entrapment. Medina v. State, 634 So.2d 1149 (Fla. 4th DCA 1994). However, there is no due process violation. The petitioner was not entitled to raise the defense of entrapment because it was the petitioner’s co-defendant and not the police who induced him into committing the crimes. State v. Hunter, 586 So.2d 319 (Fla.1991).

¶2The petition is hereby denied.

GUNTHER, C.J., and WARNER and STEVENSON, JJ., concur.
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