Legal Opinion

Sneeringer v. State

Supreme Court of Florida

Decided May 9, 1985No. Nos. 65188, 65213Published

1Per curiam

Petitioners seek consolidated review of a district court of appeal decision, Timmons v. State, 448 So.2d 1048 (Fla. 1st DCA 1984), certifying a question of great public importance. We have jurisdiction. Art. V, § 3(b)(4), Fla. Const.

The certified question is:

IF THE STATE HAS THE BURDEN TO PROVE BEYOND A REASONABLE DOUBT THAT A DEFENDANT WAS NOT ENTRAPPED WHEN THAT DEFENSE HAS BEEN RAISED, IS THE GIVING OF THE PRESENT ENTRAPMENT INSTRUCTION AS SET FORTH IN STANDARD JURY INSTRUCTION 3.04(C) ALONG WITH THE GENERAL REASONABLE DOUBT INSTRUCTION SUFFICIENT, NOTWITHSTANDING THE DEFENDANT HAVING…

2Cases cited2 opinions

  1. Rotenberry v. StateSupreme Court of Florida · 1985
  2. Timmons v. StateDistrict Court of Appeal of Florida · 1984

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