5D10-796 Maureen Fay v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-796

Case Date: 04/04/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011

MAUREEN FAY, Appellant, v. STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed April 8, 2011 Appeal from the Circuit Court for Osceola County, Charles N. Prather, Judge. James S. Purdy, Public Defender, and Christopher S. Quarles and Colby Nicole Ferris, Assistant Public Defenders, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Kristen L. Davenport, Assistant Attorney General, Daytona Beach, for Appellee. Case No. 5D10-796

GRIFFIN, J. Maureen Fay ["Fay"] appeals her judgments and sentences for trafficking in twenty-eight grams or more of oxycodone and possession of drug paraphernalia. Fay argues that the trial court erred by denying her motions for judgment of acquittal based upon entrapment. We conclude that the trial court did not err by denying the motions for judgment of acquittal based upon entrapment. First, with respect to objective entrapment, the

evidence presented at trial does not establish the outrageous conduct on the part of law enforcement or the confidential informant that would render the prosecution of Fay for having sold the pills a due process violation. Second, because there existed a dispute of facts regarding the issues of inducement and predisposition, the trial court properly submitted the evaluation of subjective entrapment to the jury. AFFIRMED. MONACO, C.J. and TORPY, J., concur.

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