LOPEZ v. STATE (2020)

District Court of Appeal of Florida, Third District.

Osman LOPEZ, Petitioner, v. The STATE of Florida, Respondent.

No. 3D17-2362

Decided: July 15, 2020

Before EMAS, C.J., and FERNANDEZ, and LOBREE, JJ.

Gennaro Cariglio, Jr., P.L., and Gennaro Cariglio, Jr., for petitioner. Ashley Moody, Attorney General, and Richard L. Polin, Assistant Attorney General, for respondent.

This petition is before us on remand from the Florida Supreme Court (“FSC”) for further proceedings consistent with its decision in Love v. State, 286 So. 3d 177 (Fla. 2019)(2017), wherein the FSC determined that section 776.032(4), Florida Statutes, applies to hearings on a defendant's motion for stand your ground immunity, which are held subsequent to the effective date of the statute, notwithstanding the date of the alleged crime. We initially denied the petition for a writ of prohibition, relying on our decision in Love v. State, 247 So. 3d 609 (Fla. 3d DCA 2018)(2017). On remand from the FSC, we ordered supplemental briefing. Having considered the supplemental briefing of the parties, we now grant the petition and remand for a new immunity hearing consistent with the requirements of section 776.032(4), Florida Statutes, and Love v. State, 286 So. 3d 177 (Fla. 2019)(2017).

Petition granted and cause remanded for further proceedings.

PER CURIAM.

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