Opinion
No. 91-2288.
July 15, 1992. On Rehearing October 14, 1992.
Appeal from the Circuit Court for Broward County; Barry E. Goldstein, Judge.
Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Douglas J. Glaid, Asst. Atty. Gen., West Palm Beach, for appellee.
Reversed on the authority of Kelly v. State, 593 So.2d 1060 (Fla. 4th DCA 1992), and Grissett v. State, 594 So.2d 321 (Fla. 4th DCA 1992). Upon remand the trial court shall enter an order of discharge.
REVERSED AND REMANDED.
LETTS, J., concurs.
ALDERMAN, JAMES E., Senior Justice, and OWEN, WILLIAM C., Jr., Senior Judge, concur specially, with opinion.
We concur because of the above precedents, cases which we feel were wrongly decided.
ON REHEARING
ORDERED that appellee's motion filed July 30, 1992, for rehearing en banc is hereby denied; further,
ORDERED that appellee's motion filed July 30, 1992, for certification of question is granted. The following question is hereby certified to the Supreme Court of Florida:
DOES THE SOURCE OF ILLEGAL DRUGS USED BY LAW ENFORCEMENT PERSONNEL TO CONDUCT REVERSE STINGS CONSTITUTIONALLY SHIELD THOSE WHO BECOME ILLICITLY INVOLVED WITH SUCH DRUGS FROM CRIMINAL LIABILITY?
ORDERED that appellee's motion filed July 30, 1992, to stay mandate pending Supreme Court review is hereby granted.