Tisby v. State

638 So. 2d 56 | Fla. | 1994

PER CURIAM.

We review Tisby v. State, 614 So.2d 586 (Fla. 4th DCA 1993), based on constitutional construction. We have jurisdiction. Art. Y, § 3(b)(3), Fla. Const.

We recently resolved the issue presented in this ease in Metcalf v. State, 635 So.2d 11 (Fla.1994), where we found a due process violation when police used illegally manufactured drugs in a reverse-sting operation. On authority of Metcalf we quash the decision under review.

It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., concur. McDONALD, Senior Justice, dissents.
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