Gary Dodd v. State Florida

Gary Dodd appeals from his conviction and sentence for trafficking and conspiracy to traffic in cocaine. He asserts error
in the trial court's refusal to grant his motion for a judgment of acquittal based upon entrapment and the state's failure
to show actual possession or proper chain of custody. For the following reasons, we reverse. Dodd's first contention, that he was entrapped, is wholly without merit. According to the threshold objective entrapment
test set forth in Cruz v. State, 465 So.2d 516 (Fla.), cert. denied, 473 U.S. 905, 105 S. Ct. 3527, 87 L. Ed. 2d 652 (1985),
"entrapment has not occurred as a matter of law where police activity (1) has as its end the interruption of a specific ongoing
criminal activity; and (2) utilizes means reasonably tailored to apprehend those involved in the ongoing criminal activity."
Cruz, 465 So.2d at 522. Under the facts of this case, both prongs of the Cruz test have been satisfied.