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Way v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Feb 12, 2020
Case No. 2D17-4369 (Fla. Dist. Ct. App. Feb. 12, 2020)

Opinion

Case No. 2D17-4369

02-12-2020

MICHAEL ANTHONY WAY, Appellant, v. STATE OF FLORIDA, Appellee.

Howard L. Dimmig, II, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Jeffrey H. Siegal, Assistant Attorney General, Tampa, for Appellee.


NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED Appeal from the Circuit Court for Hillsborough County; Nick Nazaretian, Judge. Howard L. Dimmig, II, Public Defender, and Richard J. Sanders, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Jeffrey H. Siegal, Assistant Attorney General, Tampa, for Appellee. KELLY, Judge.

Michael Anthony Way appeals his judgment and sentence for aggravated battery with a deadly weapon. He pleaded guilty to the charge following the denial of his dispositive motion to dismiss based on section 776.032, Florida Statutes (2017), Florida's "Stand Your Ground" law. Way argues that he is entitled to a new immunity hearing because the trial court erred in failing to apply the 2017 amendment to the statute, which shifts the burden of proof from the defendant to the State. Based on the recent decision in Love v. State, No. SC18-747, 2019 WL 6906479 (Fla. Dec. 19, 2019), we reverse.

In Love, the supreme court held 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." Id. at *11. Because Way's pretrial hearing took place after the effective date of section 776.032(4), it should have been conducted under the new standard. Accordingly, we reverse and remand for further proceedings consistent with this opinion.

Reversed and remanded with directions. BLACK and SLEET JJ., Concur.


Summaries of

Way v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Feb 12, 2020
Case No. 2D17-4369 (Fla. Dist. Ct. App. Feb. 12, 2020)
Case details for

Way v. State

Case Details

Full title:MICHAEL ANTHONY WAY, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Feb 12, 2020

Citations

Case No. 2D17-4369 (Fla. Dist. Ct. App. Feb. 12, 2020)