The 2023 Florida Statutes (including Special Session C)
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. . . prohibition, claiming that the trial court erred in denying him immunity from prosecution under section 776.032 . . . Fletcher moved to dismiss the charge, asserting immunity from prosecution pursuant to section 776.032 . . . prosecution if an individual uses deadly force in accordance with section 776.012(2), Florida Statutes. § 776.032 . . . the State to prove that a defendant is not entitled to immunity by clear and convincing evidence. § 776.032 . . .
. . . compelling the trial court to hold a hearing on his claim of stand-your-ground immunity pursuant to section 776.032 . . . hearing to determine whether he is entitled to immunity from criminal prosecution pursuant to section 776.032 . . .
. . . the information, claiming immunity from prosecution under Florida's Stand Your Ground law, section 776.032 . . . the resulting judgment and sentences, arguing among other things that the 2017 amendment to section 776.032 . . . SC18-789, this court held that the 2017 amendment to section 776.032 applies retroactively to pending . . . The Third and Fourth District Courts of Appeal have held that section 776.032, as amended, does not apply . . .
. . . Dooley asserted a claim of immunity pursuant to section 776.032(1), Florida Statutes (2010) ("A person . . . So.3d 214 (Fla. 2d DCA 2013) : We conclude that the plain language of sections 776.012, 776.013, and 776.032 . . . immunity, a person engaged in an unlawful activity would not be entitled to claim immunity under section 776.032 . . . But section 776.013(3) provides only one means of obtaining immunity under section 776.032(1). . . . And section 776.032(1) expressly provides for immunity based on the use of force as permitted in section . . .
. . . convicted felon charge; and failing to file a pretrial motion for Stand Your Ground Immunity under section 776.032 . . .
. . . it to beat one of the victims, he moved to dismiss based on Florida's Stand Your Ground Law, section 776.032 . . . convincing evidence is on the party seeking to overcome the immunity from criminal prosecution." § 776.032 . . . Section 776.032, Florida Statutes, also known as Florida's Stand Your Ground Law, "provides for immunity . . .
. . . State , 253 So.3d 1137 (Fla. 4th DCA 2018), which held that the 2017 amendment contained in subsection 776.032 . . .
. . . . § 776.032(4), Fla. Stat. (2017). . . . Weekly D1016, 2018 WL 2074171 (Fla. 2d DCA May 4, 2018) (holding that the 2017 amendment to section 776.032 . . .
. . . Ch. 05-27, § 4, at 200, Laws of Fla.; see also § 776.032, Fla. . . . Ground law, we turn to the text of the recently amended section 776.032. . . . See § 776.032(4) (referring to section 776.032(1)'s inclusion of the affirmative defenses of justifiable . . . 2017 addition of subsection (4) to section 776.032. . . . But our result here is mandated by the text of section 776.032(4). . . .
. . . probable cause" standard in light of Florida's "Stand Your Ground" law, Florida Statutes §§ 776.012 and 776.032 . . . To those considerations, Florida's Stand Your Ground law, Florida Statutes §§ 776.012 and 776.032, adds . . . Id. § 776.032(2). . . . As noted by the Eleventh Circuit, " Section 776.032(1) expressly grants defendants a substantive right . . . Stat. § 776.032(1). Additionally, while the City relies on Dennis v. . . .
. . . 776.05(1), OR IS ALSO PERMITTED TO SEEK IMMUNITY FROM CRIMINAL PROSECUTION UNDER SECTIONS 776.012(1) AND 776.032 . . . As the circuit court correctly found in this case, because sections 776.012(1)'s and 776.032(1)'s plain . . . That immunity is addressed only in section 776.032(1), which plainly says that the immunity is afforded . . . to any "person who uses force as permitted in s. 776.012." § 776.032(1). . . . Here, the plain language of section 776.032(1) answers the question presented. . . .
. . . Before trial, the parties argued whether the 2017 amendment to the Stand Your Ground law, section 776.032 . . . State must prove by clear and convincing evidence that the defendant is not entitled to immunity. § 776.032 . . . Weekly D1016, 2018 WL 2074171 (Fla. 2d DCA May 4, 2018) (holding that the 2017 amendment to section 776.032 . . . motion for immunity under the Stand Your Ground statute and the State's burden of proof under section 776.032 . . . (Fla. 2010) (holding that where a criminal defendant files a motion to dismiss pursuant to section 776.032 . . .
. . . Appellant's motion to dismiss was based on the statutory immunity from prosecution provided by section 776.032 . . . on the State to overcome that prima facie case with clear and convincing evidence to the contrary. § 776.032 . . . The question of whether the amendment to section 776.032(4), Florida Statutes (2017), resulting from . . .
. . . pretrial immunity hearing where the State will bear the burden of proof in accordance with section 776.032 . . . Fuller moved to dismiss the murder charge, claiming that he was immune from prosecution under section 776.032 . . . The Stand Your Ground statute, section 776.032, was passed in 2005, but at first "there was no prescribed . . . State , 51 So.3d 456, 463 (Fla. 2010), the supreme court held that immunity under section 776.032 should . . . We certify that on the issue of retrospective application of section 776.032(4), our decision in this . . .
. . . 2015, on the ground that he is immune from prosecution under Florida's Stand Your Ground Law, section 776.032 . . . criminal prosecution, but before the immunity motion was heard, the Florida Legislature amended section 776.032 . . . the party seeking to overcome the immunity from criminal prosecution provided in subsection (1). § 776.032 . . . but not retroactive, and directing that an immunity hearing be held applying the version of section 776.032 . . . the old immunity standard continues to apply to crimes committed before the 2017 amendment to section 776.032 . . .
. . . Section 776.032(4), Florida Statutes (2017), enacted by Chapter 2017-72, Laws of Florida, became effective . . . the party seeking to overcome the immunity from criminal prosecution provided in subsection (1). § 776.032 . . . To raise a "prima facie claim of self-defense immunity from criminal prosecution" under section 776.032 . . . would the burden shift to the state to "overcome the immunity" by clear and convincing evidence. § 776.032 . . . We believe that section 776.032(4) adopts the first definition of a "prima facie case." . . .
. . . 2015, on grounds that he is immune from prosecution under Florida's Stand Your Ground Law, section 776.032 . . . below arguing that he is immune from criminal prosecution, the Florida Legislature amended section 776.032 . . . the party seeking to overcome the immunity from criminal prosecution provided in subsection (1). § 776.032 . . . Applying the version of section 776.032 in effect when the shooting occurred (on June 23, 2015), the . . .
. . . times, Kendle claimed that the shooting was justified under Florida's Stand Your Ground Law, section 776.032 . . .
. . . Appellant filed a motion to dismiss under section 776.032 of the Stand Your Ground law and a pre-trial . . . During the pendency of his appeal, the legislature amended section 776.032 by adding subsection (4) which . . . Appellant filed a motion to dismiss based on immunity under section 776.032 of the Stand Your Ground . . . The statute also provides immunity for those who lawfully use force in self-defense. § 776.032, Fla. . . . The Third District concluded that section 776.032(4) qualifies as a criminal statute because it affects . . .
. . . the trial court's denial of his motion to dismiss based upon Stand Your Ground immunity under section 776.032 . . . trial court make express findings of fact in an order denying a motion to dismiss pursuant to section 776.032 . . .
. . . He filed a motion to dismiss the charges under the Stand Your Ground law ( § 776.032, Fla. . . . See § 776.032(4), Fla. . . . motion based on the evidence presented at the hearing and the state's burden of proof under section 776.032 . . .
. . . Morales filed a motion to dismiss based on section 776.032, Florida Statutes, the "Stand Your Ground . . . Section 776.032(1), Florida Statutes (2014), provides: A person who uses or threatens to use force as . . . Similarly, the trial court did not err in denying the motion to dismiss pursuant to sections 776.032 . . .
. . . December 2016 order denying his motion for immunity under Florida's Stand Your Ground law, section 776.032 . . . failed to prove by the preponderance of the evidence that he is immune from prosecution pursuant to § 776.032 . . . While the petition was pending in this court, the Florida Legislature amended section 776.032(4). . . . Therein, we held that section 776.032(4) does not apply to a crime alleged to have been committed before . . . See § 776.032(4), Fla. . . .
. . . prosecution on the ground of statutory immunity pursuant to Florida's Stand Your Ground Law, section 776.032 . . . Love invoked Florida's Stand Your Ground law, section 776.032, Florida Statute (2017), asserting she . . . In the alternative, the State further argued that section 776.032(4) was unconstitutional. . . . First, we hold that the amendment to section 776.032 was constitutional. . . . Section 776.032(4) was effective June 9, 2017, and Love shot Thomas on November 26, 2015. . . .
. . . declining retroactive application of the 2017 amendments to the Stand Your Ground ("SYG") statute, section 776.032 . . .
. . . The effective date of the amendment creating subsection 776.032(4) of the 2017 SYG Law was June 9, 2017 . . . evidence is on the party seeking to overcome the immunity from criminal prosecution provided in [ section 776.032 . . . Section 776.032, Florida Statutes (2015), as used in this opinion, and for clarity, the "Crime Date SYG . . . Law"; and section 776.032, Florida Statutes (2017), the "2017 SYG Law". . . .
. . . Chavers filed a motion to dismiss based on immunity under sections 776.012(2) and 776.032(1), Florida . . . Chavers sought immunity from prosecution under sections 776.032(1) and 776.012(2), Florida Statutes ( . . . proof for claims of immunity. § 776.032(4), Fla. . . . See §§ 776.032, 776.012, 776.013, and 776.031, Fla. Stat. (2016). . . . Forst and Klingensmith, JJ., concur. , The amendment to section 776.032, now codified as subsection ( . . .
. . . Under the 2012 version of Florida’s Stand Your Ground Law, section 776.032(1) provides for immunity • . . . , the only charge presented to the jury was for the attempted second-degree murder of Leavitt. . §§ 776.032 . . .
. . . The Second District granted Patel’s petition, holding that section 776.032, Florida Statutes (2008), . . . Section 776.032 also provides immunity for a person who lawfully uses force in self-defense: (1) A person . . . We have recognized that “the plain language of section 776.032 [of the Stand Your Ground law].grants . . . For example, the statute purports to grant immunity from arrest, detention, and prosecution. § 776.032 . . . Fourth, the civil attorney’s fees and costs provision in section 776.032(3) implies recognition by the . . .
. . . court found that the officer was entitled to immunity from prosecution under sections 776.012(1) and 776.032 . . . Section 776.032(1) provided, in pertinent part: A person who uses force as permitted in s. 776.012 .. . . . See Caamano, 105 So.3d at 22 (“Because sections 776.05 and 776.032 address the use of justifiable force . . . This Court therefore finds that the [officer] is entitled to immunity under F.S. 776.032 as a result . . . State, 170 So.3d 766, 771 (Fla. 2015) (an issue of statutory interpretation under section 776.032(1) . . .
. . . At the same time, § 776.032 grants immunity to those who lawfully use force in self-defense, subject . . .
. . . Petitioner argues that she is immune from prosecution pursuant to section 776.032, Florida Statutes ( . . . s. 776.013, or s. 776.031 is justified in such conduct and is immune from criminal prosecution,” § 776.032 . . .
. . . that the trial court committed reversible error by denying his motion to dismiss pursuant to section 776.032 . . . deadly force to prevent imminent death or great bodily harm to himself . under section 776.012, Section 776.032 . . . When reviewing the trial court’s ruling on a motion to dismiss based on immunity under section 776.032 . . .
. . . arguing that he was entitled to immunity under the Stand Your Ground law as provided for in sections 776.032 . . . Section 776.032(1) provides that persons using force as permitted under sections 776.012, 776.013, or . . . The trial court’s oral instructions deviated slightly from the written instructions. . §§ 776.032, .012 . . .
. . . I concur with the majority’s well-reasoned conclusion that section 776.032(1), Florida Statutes (2008 . . . I write separately to emphasize additional textual indicators within section 776.032 that inform my decision . . . In my judgment, .the Florida Legislature spoke clearly in section 776.032 that it intended to modify . . . Specifically, section 776.032(3) mandates that the “court shall award reasonable attorney’s fees, court . . . He claims immunity from the suit under Florida’s so-called Stand Your Ground .law, section 776.032(1) . . . At the same time, the lawmakers enacted section 776.032, granting immunity to those who lawfully use . . . In pertinent part, section 776.032 provides: (1) A person who uses force as permitted in s. 776.012, . . . It noted that the preamble to the law creating section 776.032 states: “ ‘[T]he Legislature finds that . . . But section 776.032 is part of the Florida Criminal Code. § 775.011, Fla. Stat. (2008). . . .
. . . the trial court determined that Rudin failed to establish immunity from prosecution under- section 776.032 . . . Section 776.032 provides further that a person who uses deadly force as permitted in section 776.012 . . . prosecution so long as the person against whom the force was used was not a law enforcement officer. § 776.032 . . .
. . . possession of a firearm by a convicted felon, and tampering with a witness, pursuant to sections 776.012 and 776.032 . . . However, he claims that he is immune from criminal prosecution under section 776.032 because he reasonably . . . 462-63 (Fla.2010) (explaining that the appropriate procedural vehicle to raise immunity under section 776.032 . . . preponderance of the evidence that he was entitled to statutory immunity under1 sections 776.012 and 776.032 . . .
. . . See § 776.032, Fla. Stat. (2008). . . .
. . . Arauz appeals the denial of his motion to dismiss the criminal charges against him based on sections 776.032 . . . Rather, he claims that he is immune from criminal prosecution pursuant to Section 776.032 because he . . . .2010) (“We conclude that where a criminal defendant files a motion to dismiss on the basis of section 776.032 . . .
. . . Section 776.032 provides immunity from criminal prosecution and civil action for the justifiable use . . .
. . . (Fla.2010), was that “where a criminal defendant files a motion to dismiss on the basis of section 776.032 . . . We reached this conclusion because “thé plain language of section 776.032 grants defendants a substantive . . . The issue in this case arises from Florida’s “Stand Your Ground” law, section' 776.032, Florida Statutes . . . Section 776.032 & This Court’s Decision in Dennis Florida’s Stand Your Ground law provides in pertinent . . . Accordingly, the grant of immunity from “criminal prosecution” in section 776.032 must be interpreted . . . See § 776.032, Fla. Stat. . . . Holding a hearing on a section 776.032 immunity claim is not a oddity in the criminal law. . . .
. . . attempted murder charges, claiming immunity from prosecution under Florida’s Stand Your Ground law, section 776.032 . . . The procedure for raising immunity under section 776.032 is to file a pretrial motion to dismiss under . . .
. . . To be sure, “section 776.032 grants defendants a substantive right to assert immunity from prosecution . . .
. . . . § 776.032, Fla. Stat. (2011). . . . prohibition seeking review of the circuit court’s order denying his motion to dismiss pursuant to Section 776.032 . . . Osorio with a screwdriver. ' Prior to trial, Viera claimed immunity from prosecution pursuant to section 776.032 . . . WELLS, J., concurs. . § 776.032(1), Florida Statutes (2011), also known as the Stand Your Ground law, . . . whether a preponderance of the evidence showed whether Viera is immune from prosecution under section 776.032 . . .
. . . second-degree murder (reduced to aggravated battery) based on “Stand your Ground” immunity under sections 776.032 . . . trial court erred in concluding that he was not entitled to immunity from prosecution under section 776.032 . . .
. . . denial of a pre-trial motion to dismiss charges based on a claim of statutory immunity under section 776.032 . . . He then asserted that he was immune from prosecution under section 776.032, Florida Statutes, because . . . Section 776.032 provides that if a defendant establishes that the force used was justified under any . . . State, 81 So.3d 574, 577 (Fla. 3d DCA 2012) (on appeal of s. 776.032 statutory immunity determination . . . As pointed out in the State’s Response, the phrase “performance of ... official duties” in section 776.032 . . .
. . . denial of his dispositive motion to dismiss, which asserted “Stand Your Ground” immunity under section 776.032 . . . Section 776.032 provides immunity from prosecution under three separate statutory defenses-sections 776.012 . . . Miles filed a motion to dismiss all four counts of the information, asserting immunity under section 776.032 . . . State, 135 So.3d 1160, 1161-62 (Fla. 1st DCA 2014) (noting that statutory immunity under section 776.032 . . . However, section 776.032 immunity does not apply to the remaining charged counts of carrying a concealed . . .
. . . he was entitled to immunity from prosecution under the Stand Your Ground law as codified in sections 776.032 . . .
. . . evidentiary hearing on his motion to dismiss the charges based on immunity from prosecution under section 776.032 . . . He filed a motion seeking dismissal of the charges, claiming immunity from prosecution under section 776.032 . . . conduct a pretrial evidentiary hearing on motions to dismiss based on a claim of immunity under section 776.032 . . . Court expressly held that where a criminal defendant files a motion to dismiss pursuant to section 776.032 . . . In so holding, the Court explained that “section 776.032 contemplates that a defendant who establishes . . .
. . . The Court reasoned that section 776.032(1), Florida Statutes (2009), provides immunity from criminal . . .
. . . challenging an order that denied his motion to dismiss the criminal charges against him under sections 776.032 . . . The defendant moved to dismiss the Information based on sections 776.012 and 776.032, Florida Statutes . . . bodily harm to himself or his family, and that immunity does not attach under Florida Statute section 776.032 . . . State, 111 So.3d 214, 219 (Fla. 2d DCA 2013), sections 776.012, 776.013, and 776.032 provide alternative . . .
. . . Section 776.032, perhaps the heart of the Stand Your Ground amendments, provides immunity from criminal . . . concluded that Hill was entitled to the presumption of section 776.018(1) and immunity under section 776.032 . . . possession of an illegal firearm by a felon, would not be entitled to claim immunity under section 776.032 . . . And, section 776.032(1) expressly extends immunity from prosecution to those who use defensive force . . . State, concluding that the plain language of 776.032 can be understood as granting immunity to a person . . .
. . . The pretrial hearing was conducted pursuant to section 776.032, Florida Statutes (2011). . . . .
. . . deadly force under section 776.012(1), and therefore, immunity from criminal prosecution under section 776.032 . . . ROBERTS and WETHERELL, JJ„ concur. .776.032 Immunity from criminal prosecution and civil action for justifiable . . . prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant. § 776.032 . . .
. . . Stat. (2014); § 776.032(1), Fla. Stat. (2014). . . . Section 776.032 provides that a person who uses such justifiable force receives immunity for the use . . . See §§ 776.012, 776.032(1), Fla. Stat. (2014). . . . See § 776.032, Fla. Stat. (2014). . . . Section 776.032(3) provides for an award of attorney’s fees, costs, compensation for loss of income and . . .
. . . denial of his pretrial motion to determine immunity from criminal prosecution, pursuant to section 776.032 . . . Petitioner’s pre-trial motion sought the statutory immunity provided for in section 776.032(1), Florida . . . Statutes, which provides in pertinent part: 776.032 Immunity from criminal prosecution and civil action . . . case, Petitioner’s motion in the circuit court specifically sought the immunity provided by section 776.032 . . . In order to sufficiently raise a claim for immunity under section 776.032(1), the defendant must identify . . .
. . . preclude a correctional officer from asserting the “stand your ground” defense provided in section 776.032 . . . this court issue a writ directing the trial court to hold an evidentiary hearing pursuant to section 776.032 . . . He filed a motion pursuant to section 776.032 to dismiss the Information charging him with that offense . . . When the officer asserted a defense under section 776.032, the court held that another, more specific . . . Specifically, section 776.032 is found in chapter 776 of the Florida Statutes, entitled “Justifiable . . .
. . . The general magistrate found that Tapia had established his entitlement to immunity under section 776.032 . . . Under section 776.032(1): A person who uses force as permitted in s.776.012, s.776.013, or s.776.031 . . . Pages, barring Tapia from seeking immunity under section 776.032. . . . Section 776.032, by its express language, provides immunity for a person “who uses force as permitted . . . Section 776.032(1), Florida Statutes (2009) provides immunity "from criminal prosecution and civil action . . .
. . . He moved to dismiss the charge, claiming immunity from prosecution under section 776.032, Florida Statutes . . .
. . . are undisputed and demonstrate that he is immune from prosecution as provided by sections 776.012 and 776.032 . . . See § 776.032, Fla. . . . 799, 803 (Fla. 2d DCA 2010) (confirming that in determining whether the immunity accorded by section 776.032 . . . confirming that, where a defendant claims immunity from prosecution under sections 776.012, 776.013 and 776.032 . . . . § 776.032, Fla. Stat. (2008). . Darling v. . . . “The legislature’s enactment of section 776.032 placed the burden of weighing the evidence in ‘Stand . . .
. . . challenging an order that denied his motion to dismiss the criminal charges against him under sections 776.032 . . . The defendant moved to dismiss the Information based on sections 776.012 and 776.032, Florida Statutes . . . bodily harm to himself or his family, and that immunity does not attach under Florida Statute section 776.032 . . . State, 111 So.3d 214, 219 (Fla. 2d DCA 2013), sections 776.012, 776.013, and 776.032 provide alternative . . .
. . . dismiss “the Information filed in this cause” on the basis of immunity from prosecution under section 776.032 . . . struck by a shot fired by someone else. .Sometimes referred to as the "Stand Your Ground Law,” section 776.032 . . . motion in the trial court to dismiss the aggravated battery charge based on immunity pursuant to section 776.032 . . . Although trial counsel referred to the "newness” of the law, section 776.032 was enacted in 2005-four . . .
. . . which argues immunity from prosecution based on the defense of others under sections 776.012(1) and 776.032 . . .
. . . Section 776.032(1), Florida Statutes (2011), provides that when a person uses force as permitted by statute . . . significant differences between Colorado’s statute and the self-defense immunity provided by section 776.032 . . . It would appear that this is a far more limited immunity than is granted by section 776.032. . . . “Accordingly, the grant of immunity from ‘criminal prosecution’ in section 776.032 must be interpreted . . . Section 776.032(1), Florida Statutes, provides: A person who uses force as permitted in s. 776.012, s . . . 2012, the Defendant filed a motion to dismiss, alleging immunity from prosecution, pursuant to section 776.032 . . . State, 983 So.2d 27 (Fla. 1st DCA 2008), for ruling on motions to dismiss, filed pursuant to section 776.032 . . .
. . . petition for writ of prohibition, which argues self-defense immunity from prosecution under section 776.032 . . .
. . . See § 776.032, Fla. Stat. . . . The defense argued that section 776.032, Florida Statutes, the Stand Your Ground law, applied and that . . .
. . . . § 776.032, Fla. Stat. . . . .
. . . entitled to immunity under various sections of chapter 776, Florida Statutes (2007), including section 776.032 . . .
. . . shot the victim in self-defense and was entitled to immunity from criminal prosecution under section 776.032 . . . Section 776.032(1) grants criminal immunity to persons using force as permitted in sections 776.012, . . . Section 776.032(1) provides, in pertinent part, “A person who uses force as permitted in s. 776.012, . . . But section 776.013(3) provides only one means of obtaining immunity under section 776.032(1). . . . Accordingly, Little was entitled to immunity under section 776.032(1). . . . This is also apparent in section 776.032, which immunizes from prosecution “[a] person who uses force . . .
. . . . § 776.032(1). . . .
. . . trial court’s denial of his pretrial motion to dismiss based on immunity from prosecution under section 776.032 . . .
. . . State, 51 So.3d 456 (Fla.2010) (holding that a defendant claiming immunity pursuant to section 776.032 . . .
. . . vacated a county court order denying Juan Caamano’s amended motion to dismiss filed pursuant to section 776.032 . . . amended his motion to allege instead that he is immune from criminal prosecution pursuant to section 776.032 . . . Caamano then petitioned the circuit court for a writ of prohibition, arguing that because section 776.032 . . . Section 776.032(1), provides in relevant part: A person who uses force as permitted in [defense of person . . . State, 51 So.3d 456, 457 (Fla.2010), interpreting section 776.032. . . .
. . . Leasure argues that the trial court erred in denying her motion to dismiss the charge pursuant to section 776.032 . . . The Stand Your Ground law is codified in section 776.032(1) and grants criminal immunity to persons using . . .
. . . . § 776.032(1), Fla. Stat. (2007); Dennis v. State, 51 So.3d 456, 462 (Fla.2010). . . .
. . . existing statutes: sections 776.012 and 776.031; and it created two new statutes: sections 776.013 and 776.032 . . . likely to cause death or great bodily harm in a dwelling, residence or occupied vehicle]. [] Section 776.032 . . . State, 51 So.3d 456, 462 (Fla.2010): Section 776.032 contemplates that a defendant who establishes entitlement . . . Section 776.032(1) expressly grants defendants a substantive right to not be arrested, detained, charged . . . The appropriate procedural vehicle to raise immunity under section 776.032 is a pretrial motion to dismiss . . .
. . . He filed a motion to dismiss in which he asserted he was entitled to immunity under section 776.032, . . .
. . . aggravated battery, arguing that the trial court erred in denying his request for immunity under section 776.032 . . .
. . . the trial court erred in denying his motion for statutory immunity from prosecution under sections 776.032 . . .
. . . . § 776.032(1), Fla. Stat. (2007); Dennis v. State, 51 So.3d 456, 462 (Fla.2010). . . . trial court complied with the procedure required for pretrial motions alleging immunity under section 776.032 . . .
. . . nine months later, petitioner filed a motion to dismiss the manslaughter charge pursuant to section 776.032 . . .
. . . Gallo filed a motion seeking immunity from prosecution pursuant to section 776.032, Florida Statutes . . . Section 776.032 provides that, in certain circumstances, a person may use deadly force to stand his ground . . . The legislature’s enactment of section 776.032 placed the burden of weighing the evidence in “Stand Your . . .
. . . his request for an evidentiary hearing on the issue of immunity from prosecution pursuant to section 776.032 . . . Peterson, and concluded that “where a criminal defendant files a motion to dismiss on the basis of section 776.032 . . .
. . . determined that the trial court did not err in denying Govoni’s motion to dismiss filed pursuant to section 776.032 . . . which we determined that where a criminal defendant files a motion to dismiss on the basis of section 776.032 . . .
. . . . § 776.032(1) (“A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified . . . Stat. § 776.032(2) (emphasis added). . . . “Despite section 776.032’s broad temporal application, running from before arrest through trial, there . . . determination when a person accused of assault raises the immunity provided for by Florida Statutes § 776.032 . . . Cases discussing whether immunity from prosecution pursuant to § 776.032 is applicable when the victim . . .
. . . ’s request for an evidentiary hearing on the issue of immunity from prosecution pursuant to section 776.032 . . . conflict, concluding that where a criminal defendant files a motion to dismiss on the basis of section 776.032 . . .
. . . which we determined that where a criminal defendant files a motion to dismiss on the basis of section 776.032 . . .
. . . Defendant’s motion to dismiss criminal charges based on alleged immunity from prosecution under sections 776.032 . . . Defendant filed a motion to dismiss, claiming immunity from criminal prosecution under sections 776.032 . . .
. . . Supreme Court determines the proper procedure for deciding immunity from prosecution pursuant to section 776.032 . . .
. . . when ruling on a motion to dismiss asserting immunity from criminal prosecution pursuant to section 776.032 . . . We conclude that where a criminal defendant files a motion to dismiss on the basis of section 776.032 . . . Dennis filed two motions to dismiss the information pursuant to section 776.032(1), Florida Statutes . . . The trial court concluded that in enacting section 776.032, the Legislature did not intend to take the . . . The State further asserts that to proceed to trial, section 776.032 requires only a showing that there . . .
. . . motion asserting an entitlement to immunity under the “Stand Your Ground” law, sections 776.013 through 776.032 . . .
. . . John Charles Gray, Jr., appeals the denial of his dispositive motion to dismiss predicated on section 776.032 . . . prosecution because he was acting in self defense, Gray moved to dismiss the charge pursuant to section 776.032 . . . 983 So.2d 27, sets out the proper procedure for addressing a motion to dismiss which raises section 776.032 . . .
. . . his request for an evidentiary hearing on the issue of immunity from prosecution pursuant to section 776.032 . . . We also certify, as a question of great public importance, the following: WHETHER SECTION 776.032, FLORIDA . . .
. . . Nadim Yaqubie seeks a writ of prohibition claiming immunity from prosecution under section 776.032 of . . . Camacho was assaulting, battering, or robbing him, making him immune from prosecution under section 776.032 . . . See § 776.032, Fla. . . . Florida Rule of Criminal Procedure 3.190(c)(4), the court concluded that a motion to dismiss on section 776.032 . . . In Peterson, the First District Court of Appeal decided that section 776.032 is a true immunity provision . . .
. . . . § 776.032(1). . . .
. . . On the other hand, section 776.032(1) addresses immunity from both criminal prosecution and civil suits . . . Nonetheless, a determination that he was not entitled to immunity under section 776.032 could leave him . . . (noting that petitioner could still raise immunity issue as affirmative defense at trial). .Section 776.032 . . .