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B.C., a child, Petitioner, v. STATE of Florida, Respondent.
B.C. petitions for a writ of prohibition challenging the denial of his motion to dismiss, claiming immunity from prosecution under Florida's Stand-Your-Ground law, § 776.012(1), Fla. Stat., because he allegedly acted in self-defense. We deny the petition.
The trial court conducted a hearing on B.C.’s motion to dismiss. B.C. did not testify at the hearing. The only evidence presented at the hearing was (1) the testimony of the alleged victim, who testified he was not the aggressor and that he was attacked by B.C.; and (2) various videotapes from cameras at the location. The alleged victim's testimony and videotapes reflect that B.C. became involved in an altercation outside a gas station convenience store. B.C. was pulling his car out of its parking spot when the alleged victim was walking between B.C.’s vehicle and another parked vehicle to enter the store. The alleged victim slapped the passenger window or mirror of B.C.’s car in protest of the movement of B.C.’s car. B.C. then exited his car, followed and confronted the alleged victim, and ultimately hit him in the face and broke his nose.
Having carefully reviewed the transcript and the videos, we find no error in the trial court's decision to deny B.C.’s motion to dismiss and to send the case to trial. “[T]he trial court's factual findings are presumed correct and can be reversed only if they are not supported by competent substantial evidence.” State v. Quevedo, 357 So. 3d 1249, 1252 (Fla. 3d DCA 2023).
Petition denied.
LOGUE, J.
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Docket No: No. 3D26-1489
Decided: September 09, 2026
Court: District Court of Appeal of Florida, Third District.
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