WILLIE FIELD BRYANT III
v.
STATE OF FLORIDA

Fla. 1st DCA | 2022-10-12
No. 22-0455
325 So. 3d 1009 Florida District Court of Appeal, First District (2022) Positive Treatment
Cited by 5 cases
Topics
Self-Defense Immunity Clear And Convincing Evidence Standard Burden Of Proof

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Opinion of the Court
Nordby

PER CURIAM.

Willie Field Bryant moved to dismiss a charge of aggravated battery with a deadly weapon and great bodily harm, claiming he is entitled to self-defense immunity under sections 776.012 and 776.032, Florida Statutes. The trial court denied Bryant’s motion after an evidentiary hearing. Bryant now petitions this Court for a writ of prohibition. The trial court found that the State overcame Bryant’s immunity claim by clear and convincing evidence, and we conclude this finding is supported by competent, substantial evidence. See Morris v. State, 325 So. 3d 1009, 1012 (Fla. 1st DCA 2021); Edwards v. State, 257 So. 3d 586, 587–88 (Fla. 1st DCA 2018); Mederos v. State, 102 So. 3d 7, 11 (Fla. 1st DCA 2012). We also find that the record does not support Bryant’s claim that the trial court improperly shifted the burden of proof onto him at the immunity hearing. Accordingly, we deny the petition for writ of prohibition.

DENIED.

MAKAR, JAY, and NORDBY, JJ., concur. _____________________________

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Swift v. State (Fla. 1st DCA 2022)
    …eighing the evidence, the trial court did not act improperly when it gave more weight to the contradictory evidence presented by the neutral witnesses and responding officers. This Court will not reweigh the evidence on appeal. See Morris v. State, 325 So. 3d 1009, 1011–12 (Fla. 1st DCA 2021). The record thus includes competent, substantial evidence to support the trial court’s determination that Swift was not entitled to immunity under section 776.032. Accordingly, the order on appeal is AFFIRMED. MAKAR an…
  • Bryant v. State, 325 So. 3d 1009 (Fla. 1st DCA 2022)
    …etitions this Court for a writ of prohibition. The trial court found that the State overcame Bryant’s immunity claim by clear and convincing evidence, and we conclude this finding is supported by competent, substantial evidence. See Morris v. State, 325 So. 3d 1009, 1012 (Fla. 1st DCA 2021); Edwards v. State, 257 So. 3d 586, 587–88 (Fla. 1st DCA 2018); Mederos v. State, 102 So. 3d 7, 11 (Fla. 1st DCA 2012). We also find that the record does not support Bryant’s claim that the trial court improperly shifted the…
  • Kardel K. Snow v. State, 352 So. 3d 529 (Fla. 1st DCA 2022)
    …ovo.” Id. (citation omitted). “In determining whether the trial court’s findings of fact are supported by competent, substantial evidence, we must not ‘reweigh the evidence and substitute our judgment for that of the trial court.’” Morris v. State, 325 So. 3d 1009, 1011–12 (Fla. 1st DCA 2021) (quoting Edwards v. State, 257 So. 3d 586, 588 (Fla. 1st DCA 2018)). “[T]he trial court’s decision is ‘clothed with a presumption of correctness, and the [appellate] court must interpret the evidence and reasonable infer…

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