AVILES MANFREDY v. STATE (2020)

District Court of Appeal of Florida, First District.

Luis AVILES-MANFREDY, Appellant, v. STATE of Florida, Appellee.

No. 1D17-3005

Decided: March 24, 2020

Andy Thomas, Public Defender, and Greg Caracci, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General; Christopher J. Baum, Deputy Solicitor General; Amit Agarwal, Solicitor General; Edward M. Wenger, Chief Deputy Solicitor General, Tallahassee, for Appellee.

On Remand from Florida Supreme Court

On February 28, 2020, the Florida Supreme Court quashed our decision in Aviles-Manfredy v. State, 1D17-3005, ––– S.W.3d ––––, 2019 WL 116471 (Fla. 1st DCA Jan. 7, 2019), and remanded the matter for reconsideration upon application of its decision in Love v. State, 286 So. 3d 177 (Fla. 2019). In Love, the supreme court ruled that the 2017 amendment to section 776.032(4), Florida Statutes, “applies to all Stand Your Ground immunity hearings conducted on or after the statute's effective date.” Id. at 190 (emphasis added). The chapter law creating section 776.032(4) provides that the “act shall take effect upon becoming law.” Id. at 187. See Ch. 2017-72, § 2, Laws of Fla. The law took effect in June 2017. Love, 286 So. 3d at 179. Because Appellant's immunity hearing was held on March 3 and 6, 2017, according to Love, he is not entitled to a remand of his case for a new immunity hearing. Consequently, we withdraw our original decision dated January 9, 2019, substitute the instant one in its place and affirm Appellant's judgments of conviction and sentences.

Per Curiam.

Makar, Osterhaus, and Jay, JJ., concur.

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