State v. Blanco

The State of Florida (plaintiff) prosecuted Julio Blanco (defendant) on drug charges after an undercover officer, with no particular reason to target him over any other bar patron, sat down next to him, struck up a conversation, and ultimately bought drugs Blanco retrieved from a storeroom. Blanco, who had no prior history of drug activity, testified he had misread the officer's words and behavior. On Blanco's pretrial motion to dismiss for entrapment as a matter of law, the trial judge found the undisputed facts made a prima facie showing of a baseless encounter violating due process, and that the state had not rebutted it with evidence Blanco was predisposed (rather than induced) to commit the crime. The judge dismissed the charges; the state appealed, and after an initial panel decision, the district court granted rehearing en banc.