Bynes v. State

Lonnie BYNES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided October 24, 2001.

District Court of Appeal of Florida · decided 2001-10-24

Cited by 2 later decisions — most recently April 2008

2 state decisions

Key passage — most relied on by later courts

“In Davis v. State, [ 804 So.2d 400 (Fla. 4th DCA 2001)], we reversed the conviction of appellant's codefendant, his wife, on the ground that the jury instructions on entrapment were inaccurate and misleading. We follow Davis and reverse appellant's conviction for trafficking in cocaine and conspiracy to traffic in cocaine on the same ground.”

quoted by 1 later decision, including 922 So. 2d 1013 - Tolbert v. State

Relies on 780 So. 2d 1012 - Anderson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-10-24

View the full empirical analysis of this case →

¶1Richard L. Rosenbaum of Law Offices of Richard L. Rosenbaum, Fort Lauderdale, for appellant.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4In Davis v. State,26 Fla. L. Weekly D2385, ___ So.2d ___, 2001 WL 1190941 (Fla. 4th DCA Oct. 3, 2001), we reversed the conviction of appellant's co-defendant, his wife, on the ground that the jury instructions on entrapment were inaccurate and misleading. We follow Davis and reverse appellant's conviction for trafficking in cocaine and conspiracy to traffic in cocaine on the same ground. As in Davis, the error is not harmless beyond a reasonable doubt. See Anderson v. State,780 So.2d 1012, 1014-15 (Fla. 4th DCA 2001).

¶5Reversed and remanded for a new trial.

¶6WARNER, DELL and TAYLOR, JJ., concur.