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701 So. 2d 124

Bussell v. State

District Court of Appeal of Florida

Decided November 7, 1997

District Court of Appeal of Florida · decided 1997-11-07

Relies on 629 So. 2d 90 - Munoz v. State

Decided 1997-11-07

GRIFFIN, Chief Judge.

¶1After pleading nolo contendere to conspiracy and trafficking in cocaine, reserving his right to appeal, appellant seeks review of the lower court’s order denying his motion to dismiss. He claims he was entrapped as a matter of law. This contention is plainly without merit. Munoz v. State, 629 So.2d 90 (Fla.1993). At best, the testimony and other evidence on this issue created an issue of fact which appellant elected not to submit to a jury.

¶2AFFIRMED.

W. SHARP, J., concurs.DAUKSCH, J., concurs in result only.
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