Phil Miranda Luna v. Florida

QUESTION 1: Whether due process is denied when a trial court refuses to instruct a jury on a statutory entrapment defense because a defendant, charged with attempted capital sexual battery and traveling to engage in sex with a minor as a result of an internet sting operation, admitted conduct constituting the offenses, but testified he did not believe there was a minor involved nor did he intend to engage in sex with a minor. QUESTION 2: Whether a Florida appellate court denies a defendant due process when it issues a oneword affirmance per curiam, without discussion, deciding a challenge to a lower court’s refusal to instruct a jury on a statutory entrapment defense on grounds that conflict with precedent and due process, when the failure to explain the affirmance deprives the defendant of discretionary review by the court that can resolve the conflict and declare the law.