WHITHAM v. STATE (2020)

District Court of Appeal of Florida, Second District.

Tyler James WHITHAM, Appellant, v. STATE of Florida, Appellee.

Case No. 2D16-3388

Decided: July 31, 2020

Howard L. Dimmig, II, Public Defender, and Joanna Beth Conner, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, Bilal Ahmed Faruqui, Assistant Attorney General, and Allison Heim, Assistant Attorney General (substituted as counsel of record), Tampa, for Appellee.

ON REMAND FROM THE FLORIDA SUPREME COURT

This case is before us on remand from the Florida Supreme Court, which quashed this court's opinion in Whitham v. State, 44 Fla. L. Weekly D975, ––– So.3d ––––, 2019 WL 1646073 (Fla. 2d DCA April 17, 2019), and remanded for reconsideration upon application of its decision in Love v. State, 286 So. 3d 177 (Fla. 2019). Because Whitham's Stand-Your-Ground immunity hearing was held before the effective date of the 2017 amendment to section 776.032(4), Florida Statutes, which shifted the burden of proof to the State,¹ he is not entitled to a new immunity hearing under the amended statute. Id. at 190 (holding that the amendment to section 776.032 is a procedural change to the law that only applies to immunity hearings conducted on or after the effective date of the amendment). Accordingly, we affirm Whitham's judgment and sentence.

Affirmed.

FOOTNOTES

1. Ch. 2017-72, §§ 1-2, Laws of Florida.

KELLY, Judge.

MORRIS and LUCAS, JJ., Concur.

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