FUDGE v. STATE (2020)

District Court of Appeal of Florida, First District.

Javon D. FUDGE, Appellant, v. STATE of Florida, Appellee.

No. 1D19-1443

Decided: August 12, 2020

Andy Thomas, Public Defender, and Kathleen Pafford, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Quentin Humphrey, Assistant Attorney General, Tallahassee, for Appellee.

Javon Fudge was found guilty as charged of second-degree murder in the August 15, 2015 shooting death of one victim and guilty as charged of attempted murder for the shooting of a surviving victim. Mr. Fudge raises two claims in this direct appeal of his verdict and sentence. His latter issue is affirmed without comment. His first issue is affirmed as briefly addressed below.

Mr. Fudge claimed “stand your ground” immunity from prosecution in the case pursuant to section 776.032, Florida Statutes. The motion was heard and denied on March 15, 2017. On June 9, 2017, section 776.032 was amended to modify the burden of proof applicable during an immunity hearing. Ch. 2017-72 Laws of Fla. (2017). Mr. Fudge now claims that he is entitled to a new hearing based on retroactive application of this amendment.

As the State notes, this issue has been addressed by the supreme court. See Love v. State, 286 So. 3d 177, 188 (Fla. 2019) (holding that section 776.032(4) applied only to those immunity hearings “that take place on or after the statute's effective date”). Because 776.032(4) applies prospectively only, Mr. Fudge's claim is without merit.

Affirmed.

Per Curiam.

Roberts, Osterhaus, and M.K. Thomas, JJ., concur.

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