JAVON D. FUDGE
v.
STATE OF FLORIDA
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An amendment to section 776.032(4) establishing a new burden of proof for stand your ground immunity hearings applies prospectively only and does not apply retroactively to immunity hearings held before the statute's effective date.
[1] An amendment to a criminal statute establishing a new procedural burden of proof in a statute of limitations-like evidentiary hearing applies prospectively only and does…
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“section 776.032(4) applied only to those immunity hearings 'that take place on or after the statute's effective date'”
Court's citation to Love v. State establishing the prospective-only application of the statute
Fudge was convicted of second-degree murder and attempted murder in a 2015 shooting incident. He moved for stand your ground immunity in March 2017, w…
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PER CURIAM.
Javon Fudge was found guilty as charged of second-degree murder in the August 15, 2015 shooting death of one victim and guilty as charged of attempted murder for the shooting of a surviving victim. Mr. Fudge raises two claims in this direct appeal of his verdict and sentence. His latter issue is affirmed without comment. His first issue is affirmed as briefly addressed below.
Mr. Fudge claimed “stand your ground” immunity from prosecution in the case pursuant to section 776.032, Florida Statutes. The motion was heard and denied on March 15, 2017. On June 9, 2017, section 776.032 was amended to modify the burden of proof applicable during an immunity hearing. Ch. 2017-72 Laws
of Fla. (2017). Mr. Fudge now claims that he is entitled to a new hearing based on retroactive application of this amendment.
As the State notes, this issue has been addressed by the supreme court. See Love v. State, 286 So. 3d 177, 188 (Fla. 2019) (holding that section 776.032(4) applied only to those immunity hearings “that take place on or after the statute’s effective date”). Because 776.032(4) applies prospectively only, Mr. Fudge’s claim is without merit.
AFFIRMED.
ROBERTS, OSTERHAUS, and M.K. THOMAS, JJ., concur. _____________________________