Supreme Court of Florida

In a conviction of defendant for first-degree murder, the fourth district erred in affirming the trial court's denial of defendant's motion to dismiss as, where a criminal defendant files a motion to dismiss on the basis of section 776.032, commonly known as the "Stand Your Ground" statute, the trial court should decide the factual question of the applicability of the statutory immunity. However, the trial court's error in denying defendant a pretrial evidentiary hearing on immunity was harmless.

Appellate Information

• Decided 12/16/2010
• Published 12/16/2010

Judges

• CANADY

Court

• Supreme Court of Florida

Counsel

• For Appellant:
  
• Carey Haughwout, Bill McCollum