NELSON GARCIA, APPELLANT(S)/PETITIONER(S),

v.

THE STATE OF FLORIDA, APPELLEE(S)/RESPONDENT(S)

Citator

Cited By

• Jovan Casanova v. State (Fla. 3d DCA 2021)
  …-- Jovan Casanova petitions this Court for writ of certiorari seeking to quash the lower tribunal’s order denying his motion to dismiss pursuant to section 776.032, Florida Statutes (2021)—Florida’s “Stand Your Ground” law. See Garcia v. State, 286 So. 3d 348, 350 (Fla. 2d DCA 2019) (“Generally, a petition for writ of prohibition is the proper method for reviewing the denial of a motion to dismiss under the Stand Your Ground law. But, because the trial court erred in its construction of the Stand You…
• Huckelby v. State, 313 So. 3d 861 (Fla. 2d DCA 2021)
  …another against the other's imminent use of unlawful force." There is no duty to retreat before the use of nondeadly force in self- defense. Id. In evaluating the evidence at a hearing on immunity, an objective standard applies. Garcia v. State, 286 So. 3d 348, 351 (Fla. 2d DCA 2019). "The trial court must determine whether, based on the circumstances as they appeared to the defendant, a reasonable and prudent person situated in the same circumstances and knowing what the defendant knew would have used t…
• Nicol Maslo v. State, 390 So. 3d 720 (Fla. 3d DCA 2024)
  …criminal defendant must first file a pleading “alleg[ing] a facially sufficient prima facie claim of justifiable use of force under chapter 776 . . . and present proceed. We best proceed under our certiorari jurisdiction.” (quoting Garcia v. State, 286 So. 3d 348, 350 (Fla. 2d DCA 2019))); Jefferson v. State, 264 So. 3d 1019, 1023 (Fla. 2d DCA 2018) (“[P]etitioner challenges the procedure the circuit court employed in denying his motion to dismiss, the upshot of which was that the court denied the motion wit…