Opinion
No. 73779.
September 19, 1991. Rehearing Denied December 2, 1991.
Application for Review of the Decision of the District Court of Appeal — Certified Great Public Importance, Second District — Case No. 88-536, Hillsborough County.
Robert A. Butterworth, Atty. Gen. and David R. Gemmer, Asst. Atty. Gen., Tampa, for petitioner.
Stuart C. Markman and D. Frank Winkles, Winkles, Trombley, Kynes Markman, P.A., and Thomas C. MacDonald, Jr., Shackleford, Farrior, Stallings Evans, P.A., Tampa, for respondent Mark D. Evans.
James Marion Moorman, Public Defender and Andrea Steffen, Asst. Public Defender, Tenth Judicial Circuit, Bartow, for respondent Vernon Messier.
We review State v. Evans, 537 So.2d 639 (Fla. 2d DCA 1988), in which the Second District Court of Appeal certified the same questions as certified in Hunter v. State, 531 So.2d 239 (Fla. 4th DCA 1988), as being of great public importance:
We have jurisdiction pursuant to article V, section 3(b)(4) of the Florida Constitution.
Does an agreement whereby a convicted drug trafficker will receive a substantially reduced sentence in exchange for setting up new drug deals and testifying for the state violate the holding in State v. Glosson[, 462 So.2d 1082 (Fla. 1985)]? Assuming the existence of a due process violation under Glosson, does Glosson's holding extend to a codefendant who was not the direct target of the government's agent?Hunter, 531 So.2d at 290 n. 3. We recently addressed these issues in State v. Hunter, 586 So.2d 319 (Fla. 1991), and accordingly, we vacate the judgment below and remand this case to the district court for reconsideration in light of Hunter.
It is so ordered.
SHAW, C.J., and OVERTON, McDONALD, BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.