Legal Opinion

Simmons v. State

District Court of Appeal of Florida

Decided April 22, 1994No. 90-3499Published

1Opinion of the Court

*287OPINION ON REMAND

2Per curiam

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.

3Cases cited2 opinions

  1. Munoz v. StateSupreme Court of Florida · 1993
  2. Lewis v. StateDistrict Court of Appeal of Florida · 1994