Legal Opinion

Rivera v. State

District Court of Appeal of Florida

Decided December 11, 2015No. 2D13-5639PublishedCited by 6 opinions

1Opinion of the Court

SILBERMAN, Judge.

Nelson Rivera appeals his convictions and sentences for eight drug offenses that he committed after a confidential informant (Cl) befriended him. An initial brief was filed pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and this court subsequently ordered merits briefing on two issues. The State has failed to establish that the error in prohibiting defense evidence of lack of a prior criminal record to support Rivera’s subjective entrapment defense was harmless; therefore, we reverse and remand for a new trial. Our disposition on the…

2Cases cited12 opinions

  1. Anders v. CaliforniaSupreme Court of the United States · 1967
  2. State v. DiGuilioSupreme Court of Florida · 1986
  3. Jacobson v. United StatesSupreme Court of the United States · 1992
  4. McDuffie v. StateSupreme Court of Florida · 2007
  5. Munoz v. StateSupreme Court of Florida · 1993

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3Cited by6 opinions

  1. TYEE MARTELE SPIKE v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018
  2. Jorge Perez-Diaz v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2025
  3. Lamb v. Secretary, Department of CorrectionsDistrict Court, M.D. Florida · 2019
  4. State of Florida v. Keith John GadboisDistrict Court of Appeal of Florida · 2026
  5. Thomas v. Secretary, Florida Department of CorrectionsDistrict Court, M.D. Florida · 2020

1 more not listed; retrieve them via the Exa API.

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