Johnson v. State

OPINION ON PETITION FOR REHEARING

On petition for rehearing, we certify that our affirmance, Fla.App., 446 So.2d 103, in this case passed upon the same question we certified to be of great public importance in Rotenberry v. State, 429 So.2d 378 (Fla. 1st DCA 1983), which 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.…