State v. Lopez, 87-1101
| Decision Date | 29 March 1988 |
| Docket Number | No. 87-1101,87-1101 |
| Citation | 522 So.2d 537,13 Fla. L. Weekly 808 |
| Parties | 13 Fla. L. Weekly 808 The STATE of Florida, Appellant, v. Hector LOPEZ, Appellee. |
| Court | Florida District Court of Appeals |
An Appeal from an order of the Circuit Court for Dade County; Phillip W. Knight, Judge.
Robert A. Butterworth, Atty. Gen. and Margarita Muina Febres, Asst. Atty. Gen., for appellant.
Carl H. Lida and Lane S. Abraham, Miami, for appellee.
Before SCHWARTZ, C.J., and BARKDULL and FERGUSON, JJ.
Like State v. Konces, 521 So.2d 313 (Fla. 3d DCA 1988), 1 in which, as here, the defendant drug seller was put together with the police by a confidential informant, neither of the two prongs of the objective entrapment test adopted 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), was established. 2 See also Donaldson v. State, 519 So.2d 737 (Fla. 3d DCA 1988). Accordingly, the order below, which granted the defendant's sworn motion to dismiss on that ground, is reversed.
1 Konces was, of course, decided subsequent to the order presently under review.
2 We note that the Cruz objective test has been abolished by the Florida Legislature in section 777.201, Florida Statutes (1987), effective October 1, 1987. Since the offense alleged in this case occurred before that date, however, Cruz remains applicable.
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State v. Reasbeck, 87-1372
...under review dismissing this prosecution apparently on the ground of objective entrapment is egregiously in error, see State v. Lopez, 522 So.2d 537 (Fla. 3d DCA 1988); State v. Konces, 521 So.2d 313 (Fla. 3d DCA 1988), and is reversed for ...