WAY v. STATE (2020)

Michael Anthony Way appeals his judgment and sentence for aggravated battery with a deadly weapon. He pleaded guilty to the charge following the denial of his dispositive motion to dismiss based on section 776.032, Florida Statutes (2017), Florida's “Stand Your Ground” law. Way argues that he is entitled to a new immunity hearing because the trial court erred in failing to apply the 2017 amendment to the statute, which shifts the burden of proof from the defendant to the State. Based on the recent decision in Love v. State, 286 So.3d 177 (Fla. 2019), we reverse.

In Love, the supreme court held that “[s]ection 776.032(4) is a procedural change in the law and applies to all Stand Your Ground immunity hearings conducted on or after the statute's effective date.” Id. at *11. Because Way's pretrial hearing took place after the effective date of section 776.032(4), it should have been conducted under the new standard. Accordingly, we reverse and remand for further proceedings consistent with this opinion.

Reversed and remanded with directions.

KELLY, Judge.

BLACK and SLEET, JJ., Concur.