Ho Yeaon Seo v. State

I respectfully dissent from that portion of the decision affirming Mr. Seo’s convic*1191tion, because I believe he was entitled to the jury instruction on entrapment that he requested. But, since a majority has voted to uphold the conviction, I concur in affirming on the state’s cross-appeal challenging the downward departure sentence. See State v. Davis, 141 So.3d 1230 (Fla. 1st DCA 2014).

There was, to be sure, evidence from which the jury could find that Mr. Seo was guilty of the charged offenses. But the rule regarding instructions on affirmative defenses is that in “determining the…