JOHNSON v. STATE

No. 1D00-3041.

789 So.2d 1071 (2001)

Kenneth JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

June 18, 2001.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Glenna Joyce Reeves, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, Kenneth D. Pratt and Karla D. Ellis, Assistant Attorneys General, Tallahassee, for Appellee.


ERVIN, J.

Appellant, Kenneth Johnson, appeals the trial court's decision to deny his request for an entrapment instruction. We agree with appellant that the jury should have been instructed on his defense of entrapment.

It is axiomatic that a defendant is entitled to have the jury instructed on the rules of law applicable to his or her theory of defense if there is any evidence to support the instruction, and the court may not weigh the evidence in...

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