DICKS v. STATE (2021)

District Court of Appeal of Florida, First District.

Stephen Michael DICKS, Appellant, v. STATE of Florida, Appellee.

No. 1D20-2402

Decided: November 24, 2021

Jessica J. Yeary, Public Defender, Megan Lynne Long, Assistant Public Defender, and Kathleen Pafford, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Michael L. Schaub, Assistant Attorney General, Tallahassee, for Appellee.

Affirmed. See Boston v. State, 46 Fla. L. Weekly S285 (Fla. Oct. 7, 2021) (recognizing that, where a trial court applies an incorrect standard of proof at a pre-trial Stand Your Ground immunity hearing, such error is cured when the State overcomes defendant's self-defense claim at trial under the heavier burden of proof beyond a reasonable doubt); Dennis v. State, 51 So. 3d 456, 464 (Fla. 2010) (concluding trial court's error was harmless because there was “no reasonable possibility that the trial court's failure to make a pretrial evidentiary determination regarding Dennis's immunity claim contributed to Dennis's conviction” because the jury rejected Dennis's self-defense claim and “determined that the evidence established beyond a reasonable doubt that Dennis committed the lesser included offense of felony battery.”).

Per Curiam.

Winokur, Nordby, and Tanenbaum, JJ., concur.

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