ON MOTION FOR CLARIFICATION
We grant the State of Florida's motion pursuant to Florida Rule of Appellate Procedure 9.330 for clarification of our prior opinion in this case, rendered August 28, 1986. Accordingly, we withdraw our prior opinion and in its place, issue the following decision:
This case involves the defense of entrapment in a criminal case.
Law enforcement officers told a female that if she would help them she might not be charged with possession of cocaine that had been found by firemen at her residence. She became a "confidential informant." Although she had not seen the defendant for three years, she named him as one who had sold drugs in the past, and initiated two night meetings with the defendant which included "kissing and hugging." After she told the defendant that if he "could get her something [they] would get together for the weekend, fool around and party," defendant gave her some cocaine. The confidential informant also met with one of the law enforcement officers at her residence at night on two occasions and they drank beer, talked, and kissed. The trial court granted defendant's motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4).
COBB and SHARP, JJ., concur.
COWART, J., concurs in part; dissents in part, with opinion.
COWART, Judge, dissenting in part; concurring in part:
I dissent from granting the State's motion for clarification and maintain my concurrence with the opinion in this case in the form originally published in 11 Florida Law Weekly at page 1880.