Tuesday, December 7, 1999
Zackery Holiday v. State of Florida

No. 95,582

Duval County


Holiday was arrested in June 1997 for sale or delivery of cocaine, and he testified at trial that he was entrapped into committing the crime. At the request of Holiday's attorney, the trial court instructed the jury with the then-current standard instruction on entrapment. The jury found Holiday guilty as charged. On appeal, the First District held that even though the entrapment instruction given by the trial court was erroneous, the error did not constitute "fundamental error" that would entitle him to raise the issue for the first time on appeal. The First District certified conflict with another case from the Fourth District, and this Court accepted jurisdiction to resolve the conflict.