Clemones v. State

We review State v. Clemones, 625 So.2d 1231 (Fla. 4th DCA 1993). The district court certified this question as one of great public importance:

WHETHER THE MANUFACTURE OF CRACK COCAINE BY LAW ENFORCEMENT OFFICIALS FOR USE IN A REVERSE-STING OPERATION CONSTITUTES GOVERNMENTAL MISCONDUCT WHICH VIOLATES THE DUE PROCESS CLAUSE OF THE FLORIDA CONSTITUTION, WHERE THE CHARGE IS SOLICITATION TO PURCHASE, I.E. WHETHER MET-CALF V. STATE, 614 S0.2D 548 (FLA. 4TH DCA 1993), IS CORRECT?

We have jurisdiction. Art. V, § 3(b)(4), Fla.Const.

We recently resolved the issue presented in this case in Metcalf v.…