Legal Opinion · Dissent

Blanco v. State

District Court of Appeal of Florida

Decided January 4, 2017No. 3D14-2622Published

1DissentSuarez, C.J.

I respectfully dissent. The record in this case is completely void of any evidence that Blanco was predisposed to commit the crime in question. Without that evidence, the elements of Munoz v. State, 629 So.2d 90, 99 (Fla. 1993) are not met. Therefore, as a matter of law, this is a valid case of entrapment and the issue should have been ruled on by the trial judge and should never have gone to the jury.

Despite its correct recitation of the law of entrapment, the majority relies on certain language—used by Blanco only during the transaction and only after inducement by the state to enter into a…

2Cases cited14 opinions

  1. Sorrells v. United StatesSupreme Court of the United States · 1932
  2. Jacobson v. United StatesSupreme Court of the United States · 1992
  3. Munoz v. StateSupreme Court of Florida · 1993
  4. Farley v. StateDistrict Court of Appeal of Florida · 2003
  5. Soohoo v. StateDistrict Court of Appeal of Florida · 1999

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