Robert Urban v. State
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003 ROBERT S. URBAN, Appellant, v. CASE NO. 5D02-3993 STATE OF FLORIDA, Appellee. ______________________________/ Opinion filed October 10, 2003 Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge. James F. Spindler, Jr. of James F. Spindler, Jr, P.A., Crystal River, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Appellee. SHARP, W., J. Urban appeals from a final judgment entered after he pled nolo contendere to the offenses of trafficking in oxycodone,1 and sale of clonzaepam.2 He contends that he was "entrapped" by law 1 §§ 893.135(1)(c), 893.03(2)(a)1., Fla. Stat. (2002). 2 §§ 893.13(1)(a)2., 893.03(4)(j), Fla. Stat. (2002). enforcement officers, and that their egregious conduct violated his constitutional due process rights under article I, section 9 of the Florida Constitution, and amendments 5 and 14 of the United States Constitution. In order to prevail on this ground, Urban must demonstrate that law enforcement's conduct was so outrageous and egregious it constituted entrapment, as a matter of law, regardless of his predisposition to commit the crime charged. Munoz v. State, 629 So. 2d 90 (Fla. 1993). After reviewing the record in this case, we do not agree that the conduct of law enforcement shown at the hearing regarding Urban's motion to dismiss rises to that level. Rather, we agree with the State that the actions of the law enforcement in this case were similar to the conduct discussed in State v. Sergent, 617 So. 2d 1115 (Fla. 5th DCA 1993), approved, 629 So. 2d 847 (Fla. 1994). In that case, this court held the activities engaged in by the police did not violate the defendant's due process rights. AFFIRMED. PETERSON and TORPY, JJ., concur. 2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
