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Simmons v. State

District Court of Appeal of Florida, First District
Jun 27, 1994
637 So. 2d 286 (Fla. Dist. Ct. App. 1994)

Opinion

No. 90-3499.

April 22, 1994. Rehearing Denied June 27, 1994.

An appeal from the Circuit Court of Duval County; David Wiggins, Judge.

Nancy A. Daniels, Public Defender, Chris W. Hoeg, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Giselle Lylen Rivera, Asst. Atty. Gen., Tallahassee, for appellee.


OPINION ON REMAND


On remand from the supreme court for reconsideration of this case in light of Munoz v. State, 629 So.2d 90 (Fla. 1993), we find 1) that there is no police conduct which would indicate a violation of due process, and 2) that there is evidence of predisposition of the appellant to commit the crimes of sale or delivery of cocaine and possession of cocaine; therefore, the issue of entrapment was properly submitted to the jury. See Lewis v. State, 634 So.2d 207 (Fla. 3d DCA 1994). We, therefore, affirm the judgment and sentence.

BOOTH, WOLF and KAHN, JJ., concur.


Summaries of

Simmons v. State

District Court of Appeal of Florida, First District
Jun 27, 1994
637 So. 2d 286 (Fla. Dist. Ct. App. 1994)
Case details for

Simmons v. State

Case Details

Full title:WILLIAM ISAIAH SIMMONS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jun 27, 1994

Citations

637 So. 2d 286 (Fla. Dist. Ct. App. 1994)