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MILLER v. STATE

No. 97-1915.

723 So.2d 353 (1998)

Paul MILLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 3, 1999.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, West Palm Beach, and Ronald B. Smith, Assistant Public Defender, Stuart, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Douglas Gurnic, Assistant Attorney General, Fort Lauderdale, for appellee.

PER CURIAM.

Appellant, Paul Miller, was tried by jury and convicted of trafficking and conspiracy to traffic in 400 grams or more of cocaine. We reverse.

At trial the court instructed the jury on the defense of entrapment, reading Florida Standard Jury Instruction in Criminal Cases 3.04(c)(2) (1993). The final paragraph of the standard jury instruction provided:

On the issue of entrapment, the defendant must prove to you by a preponderance of the...

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