Opinion
No. 4D99-1508.
October 24, 2001.
Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Ronald J. Rothschild, Judge; L.T. Case No. 98-2655 CF10A.
Richard L. Rosenbaum of Law Offices of Richard L. Rosenbaum, Fort Lauderdale, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for appellee.
In 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).
Reversed and remanded for a new trial.
WARNER, DELL and TAYLOR, JJ., concur.