CESAR AUGUSTO FERRERA-DISCUA
v.
STATE OF FLORIDA
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A trial court does not err in denying Stand-Your-Ground immunity when the evidence supporting self-defense is wildly conflicting and the State presents clear and convincing evidence contradicting the self-defense claim.
[1] When evidence supporting a self-defense claim is wildly conflicting and the State presents clear and convincing evidence contradicting the claim, a trial court does not e…
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 intelligence“the testimony below "contradict[ed] wildly" and the evidence showed that the defendant did not act in self-defense”
Citation to Mederos v. State, 102 So. 3d 7, 11 (Fla. 1st DCA 2012), affirming denial of Stand-Your-Ground immunity.
Petitioner Ferrera-Discua sought Stand-Your-Ground immunity from prosecution. The evidence regarding petitioner's self-defense claim was wildly confli…
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August 5, 2019 PER CURIAM. Because the evidence supporting Petitioner Ferrera-Discua’s claim of self-defense was “wildly conflicting” and the State presented clear and convincing evidence contradicting the claim, the trial court did not err in finding that Petitioner was not entitled to Stand-Your-Ground immunity. Mederos v. State, 102 So. 3d 7, 11 (Fla. 1st DCA 2012) (affirming denial of Stand-Your-Ground immunity where the testimony below “contradict[ed] wildly” and the evidence showed that the defendant did not act in self-defense when he stabbed the victim). The petition for writ of prohibition is denied on the merits. Petitioner may present his claim for self-defense at trial. Spires v. State, 180 So. 3d 1175, 1180 (Fla. 3d DCA 2015). ROBERTS, ROWE, and KELSEY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Office of Candace K. Brower, Criminal Conflict & Civil Regional Counsel, Elizabeth Ann Amond, Assistant Regional Conflict Counsel, Pensacola, for Petitioner. Ashley Moody, Attorney General, and Damaris Reynolds, Assistant Attorney General, Tallahassee, for Respondent.
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Citator
Authorities Cited
- Mederos v. State, 102 So. 3d 7 (Fla. 1st DCA 2012)
- Spires v. State, 180 So. 3d 1175 (Fla. 3d DCA 2015)