Rodarte v. State

309 So.3d 722 (Mem)

Lee Jr. RODARTE, Petitioner, v. STATE of Florida, Respondent.

No. 1D19-3060

District Court of Appeal of Florida, First District.

January 27, 2021

Charles G. Cofer, Public Defender, and Sandra Kaye Young, Assistant Public Defender, Jacksonville, for Petitioner.

Ashley Moody, Attorney General, and Steven E. Woods, Assistant Attorney General, Tallahassee, for Respondent.

Per Curiam.

Lee Jr. Rodarte petitions this Court for a writ of prohibition following the trial court's denial of his motion to dismiss a second-degree murder charge based on immunity provided by section 776.032, Florida Statutes, otherwise known as the "Stand Your Ground" law. Petitioner asserts he is immune from prosecution because he acted in self-defense. The trial court held an immunity hearing where the State presented evidence and testimony, after which the trial court determined that the State had met its burden of proving by clear and convincing evidence that Petitioner is not entitled to immunity. Because competent, substantial evidence supports the trial court's decision, we deny the petition for writ of prohibition on the merits. See Gainey v. State , 292 So. 3d 1287, 1287–88 (Fla. 1st DCA 2020) ; Ferrera-Discua v. State , 276 So. 3d 520 (Fla. 1st DCA 2019).

DENIED .

Roberts, Nordby...