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HERRERA v. STATE

No. 78290.

594 So.2d 275 (1992)

Orlando HERRERA, Petitioner, v. STATE of Florida, Respondent.

Supreme Court of Florida.

February 6, 1992.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender and Allen J. DeWeese, Asst. Public Defender, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., Joan Fowler, Bureau Chief, Sr. Asst. Atty. Gen. and Douglas J. Glaid, Asst. Atty. Gen., West Palm Beach, for respondent.

McDONALD, Justice.

In Herrera v. State, 580 So.2d 653, 654 (Fla. 4th DCA 1991), the district court certified the following question as being of great public importance:

Do Instruction 3.04(c)(2), Florida Standard Jury Instructions in Criminal Cases, and Section 777.201(2), Florida Statutes (1989), both applicable to offenses after 1987, unconstitutionally shift the burden to the defense to prove entrapment?...

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