Opinion
No. 81676.
June 9, 1994.
Application for Review of the Decision of the District Court of Appeal — Constitutional Construction, Fourth District — Case No. 91-1580, Broward County.
Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for petitioner.
Robert A. Butterworth, Atty. Gen., Joan Fowler, Sr. Asst. Atty. Gen. and Georgina Jimenez-Orosa, Asst. Atty. Gen., West Palm Beach, for respondent.
We review Tisby v. State, 614 So.2d 586 (Fla. 4th DCA 1993), based on constitutional construction. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.
We recently resolved the issue presented in this case in Metcalf v. State, 635 So.2d 11 (Fla. 1994), where we found a due process violation when police used illegally manufactured drugs in a reverse-sting operation. On authority of Metcalf we quash the decision under review.
It is so ordered.
GRIMES, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., concur.
McDONALD, Senior Justice, dissents.