Gathers v. State

We reverse appellant’s conviction on the authority of Kelly v. State, 593 So.2d 1060 (Fla. 4th DCA 1991) and Grissett v. State, 594 So.2d 321 (Fla. 4th DCA 1992), and remand to the trial court with instructions to discharge appellant. We note that this court has previously certified the following question to be of great public importance:

DOES THE SOURCE OF ILLEGAL DRUGS USED BY LAW ENFORCEMENT PERSONNEL TO CONDUCT REVERSE STINGS CONSTITUTIONALLY SHIELD THOSE WHO BECOME ILLICITLY INVOLVED WITH SUCH DRUGS FROM CRIMINAL LIABILITY?

Nero v. State, 604 So.2d 550 (Fla. 4th DCA 1992); Johnson v.…