Summary
In Nelson v. State, 295 So. 3d 307 (Fla. 2d DCA 2020), the Second District dealt with the same situation as presented here: the defendant's motion to dismiss was denied following a SYG hearing wherein the court wrongfully placed the burden of proof on the defendant, and the defendant was subsequently found guilty by a jury.
Summary of this case from Little v. StateOpinion
Case No. 2D18-39
03-18-2020
Justin NELSON, Appellant, v. STATE of Florida, Appellee.
Howard L. Dimmig, II, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Laurie Benoit-Knox, Assistant Attorney General, Tampa, for Appellee.
Howard L. Dimmig, II, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Laurie Benoit-Knox, Assistant Attorney General, Tampa, for Appellee.
KHOUZAM, Chief Judge.
Justin Nelson appeals his conviction and sentence for aggravated assault. He was found guilty by a jury after the circuit court denied his motion to dismiss based on section 776.032, Florida Statutes (2017), Florida's "Stand Your Ground" law. Nelson argues that he is entitled to a new immunity hearing because section 776.032 was amended in 2017 to shift the burden of proof from the defendant to the State. We agree and reverse. As to Nelson's remaining claim, we affirm without comment.
The Florida Supreme Court recently held in Love v. State, 286 So. 3d 177, 190 (Fla. 2019), that "[s]ection 776.032(4) is a procedural change in the law and applies to all Stand Your Ground immunity hearings conducted on or after the statute's effective date" (emphasis added). Because Nelson's immunity hearing was held on June 9, 2017, the same day the amendment became effective, he is entitled to a new immunity hearing conducted under the amended statute. Accordingly, we reverse and remand for proceedings consistent with this opinion.
Reversed and remanded with directions.
CASANUEVA and VILLANTI, JJ., Concur.