BURATY v. STATE, 638 So.2d 56 (Fla. 1994)

ROBERT BURATY, PETITIONER, v. STATE OF FLORIDA, RESPONDENT.

No. 81864.Supreme Court of Florida.
June 9, 1994.

Application for Review of the Decision of the District Court of Appeal — Direct Conflict of Decisions, Fourth District — Case No. 92-2205, Broward County.

Richard L. Jorandby, Public Defender, and Eric M. Cumfer, Asst. Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for petitioner.

Robert A. Butterworth, Atty. Gen., Joan Fowler, Sr. Asst. Atty. Gen. and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for respondent.

PER CURIAM.

We review Buraty v. State, 616 So.2d 550 (Fla. 4th DCA 1993), based on conflict. We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

We recently resolved the issue presented in this case i Metcalf v. State, 635 So.2d 11 (Fla. 1994), where we found a due process violation when police used illegally manufactured drugs in a reverse-sting operation. On authority of Metcalf we quash the decision under review.

It is so ordered.

GRIMES, C.J., and OVERTON, SHAW, KOGAN and HARDING, JJ., concur.

McDONALD, Senior Justice, dissents.