FULLER v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Bruce FULLER, Appellant, v. STATE of Florida, Appellee.

Case No. 5D16-2646

Decided: November 13, 2020

William R. Ponall, of Ponall Law, Maitland, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

ON REMAND FROM THE FLORIDA SUPREME COURT

Following its decision in Love v. State, 286 So. 3d 177 (Fla. 2019), the Florida Supreme Court reversed this Court's earlier decision in this case ¹ to the extent we found Appellant was entitled to a new Stand Your Ground pretrial hearing, during which the State would bear the burden of proof. Because Appellant's pretrial Stand Your Ground hearing took place on March 1, 2016, prior to the 2017 effective date of the modified Stand Your Ground statute, he is not entitled to another such hearing. See Love, 286 So. 3d at 190 (“Section 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.”). We remand this matter for a new trial in accordance with our previously issued opinion.

REVERSED AND REMANDED.

FOOTNOTES

1. See Fuller v. State, 257 So. 3d 521 (Fla. 5th DCA 2018), review granted, decision quashed, 45 Fla. L. Weekly S186, 2020 WL 2790140 (Fla. May 29, 2020).

EDWARDS, J.

EVANDER, C.J., and COHEN, J., concur.

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