292 So. 2d 613 | Fla. Dist. Ct. App. | 1974
Upon a jury verdict, Langley was convicted of the following crimes: (1) breaking and entering with intent to commit grand larceny; (2) larceny of firearms; and (3) possession of burglary tools. The trial court imposed three consecutive sentences of six months to fifteen years; hence this appeal by Langley.
Langley’s primary defense at trial to each of the offenses was that of entrapment. He now asserts that the trial court erred in denying a motion for judgment of acquittal at the close of his case as the evidence clearly showed he was entrapped. The transcript of testimony reflects that an informant advised a Duval County deputy sheriff that the informant’s cohorts, including Langley, planned to burglarize a place of business in Marion County on a night certain. A stakeout by law enforcement officers resulted in the apprehension of Langley and his companions in the act of perpetrating the crimes. Langley insists that his story that he was enticed by the informant into participating in the criminal activities coupled with the admission by one of the police officers that the informant also participated in the criminal episode, shows entrapment as a matter of law. However, a review of the record reveals that there was conflicting evidence on the issue of entrapment. Under such circumstances, the question of entrapment was properly submitted to the jury. State v. Rouse, 239 So.2d 79 (Fla.App. 4th 1970).
Appellant’s second point on appeal, viz: “The trial court erred in imposing consecutive sentences for the offenses of breaking and entering with intent to com
Affirmed in part and reversed in part.