JOHN PAUL BOUTIETTE
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
A defendant is entitled to a new pretrial immunity hearing under the retroactively applied section 776.032(4), Florida Statutes, where the State bears the burden of proof.
[1] Section 776.032(4), Florida Statutes, providing that the State bears the burden of proof in pretrial immunity hearings, applies retroactively to cases not yet final on ap…
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceJohn Paul Boutiette was convicted in Citrus County Circuit Court. He appealed arguing he was entitled to a new pretrial immunity hearing based on the …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Appeal From Judgment And Sentence cases and more on FLexlaw
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
JOHN PAUL BOUTIETTE,
Appellant,
v. Case No. 5D18-2935
STATE OF FLORIDA,
Appellee.
________________________________/
Opinion filed October 11, 2019
Appeal from the Circuit Court for Citrus County, Richard A. Howard, Judge.
James S. Purdy, Public Defender, and Sean Kevin Gravel, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Lori
N.
Hagan, Assistant Attorney General, Daytona Beach, for Appellee.
PER CURIAM.
Appellant, John Paul Boutiette, appeals his judgment and sentence arguing, inter alia, that he is entitled to a new pretrial immunity hearing based upon the retroactive application of section 776.032(4), Florida Statutes (2017), citing to this court’s prior decision in Fuller v. State, 257 So. 3d 521 (Fla. 5th DCA 2018). We agree and remand
2 for a new pretrial “Stand Your Ground” immunity hearing where the State will bear the burden of proof. We again certify conflict with Love v. State, 247 So. 3d 609 (Fla. 3d DCA), review granted, No. SC18-747, 2018 WL 3147946 (Fla. June 26, 2018), and the decisions in Langel v. State, 255 So. 3d 359, 361 (Fla. 4th DCA 2018), and Hight v. State, 253 So. 3d 1137, 1143 (Fla. 4th DCA 2018). We otherwise affirm. On remand, if the trial court concludes that Appellant is entitled to immunity, the court should enter an order to that effect and dismiss the information as to Counts 1 through 4 with prejudice. If, on the other hand, the trial court determines that Appellant is not entitled to immunity from prosecution, the trial court should enter an order containing its findings and reinstate Appellant’s convictions as to Counts 1 through 4. AFFIRMED in part; REVERSED in part; and REMANDED with instructions;
CONFLICT RE-CERTIFIED.
LAMBERT, EISNAUGLE and SASSO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Love v. State, 247 So. 3d 609 (Fla. 3d DCA 2018)
- Hight v. State, 253 So. 3d 1137 (Fla. 4th DCA 2018)
- Langel v. State, 255 So. 3d 359 (Fla. 4th DCA 2018)
- Fuller v. State, 257 So. 3d 521 (Fla. 5th DCA 2018)