JAMES PATRICK WONDER, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court denied the petition for certiorari, finding the trial court did not depart from the essential requirements of law.
The defendant sought an evidentiary hearing on immunity under the 'Stand Your Ground' law. The trial court denied this request.…
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James Patrick Wonder, the defendant in a criminal prosecution pending in Broward County Circuit Court, seeks certiorari review of an order denying his request for an evidentiary hearing on the issue of immunity from prosecution pursuant to section 776.032, Florida Statutes (2009) (the “Stand Your Ground” law, enacted by chapter 2005-27, section 5, at 202, Laws of Florida).
We deny the petition, because the trial court did not depart from the essential requirements of law by following Velasquez v. State, 9 So.3d 22 (Fla. 4th DCA 2009).
We certify conflict with Peterson v. State, 983 So.2d 27 (Fla. 1st DCA 2008); Horn v. State, 17 So.3d 836 (Fla. 2d DCA 2009); State v. Yaqubie, 51 So.3d 474 (Fla. 3d DCA 2010); and Gray v. State, 13 So.3d 114, 115 (Fla. 5th DCA 2009). We also certify, as a question of great public importance, the following:
*697WHETHER SECTION 776.032, FLORIDA STATUTES (2009) (THE “STAND YOUR GROUND” LAW), REQUIRES A TRIAL COURT, UPON MOTION TO DISMISS, TO HOLD AN EVIDEN-TIARY HEARING PRIOR TO TRIAL AND RESOLVE DISPUTED FACTUAL ISSUES TO DETERMINE WHETHER A DEFENDANT HAS ESTABLISHED BY A PREPONDERANCE OF THE EVIDENCE HIS/ HER ENTITLEMENT TO STATUTORY IMMUNITY FROM PROSECUTION.
We grant Defendant’s motion for stay and direct the trial court on remand to stay his prosecution pending the resolution of this issue by the Florida Supreme Court in Dennis v. State, 29 So.3d 290.1
TAYLOR, GERBER and LEVINE, JJ., concur.
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Parrish Kerney v. State, 217 So. 3d 138 (Fla. 3d DCA 2017)…rney in the Haygood pipeline. See, e.g., Smith v. State, 43 So. 3d 923 (Fla. 1st DCA 2010) quashed, 137 So. 3d 1022 (Fla. 2014); Barros-Dias v. State, 41 So. 3d 370 (Fla. 2d DCA 2010) quashed, 137 So. 3d 1019 (Fla. 2014); see also Moninger v. State, 52 So. 3d 696 (Fla. 4th DCA 2010) quashed, 137 So. 3d 1021 (Fla. 2014). . We reverse for a new trial because we agree that in this case the evidence "does not reasonably support a finding that [Ms. Williams'] death occurred due to the culpable negligence of the…
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Wonder v. State, 64 So. 3d 1208 (Fla. 2011)…CANADY, C.J. We have for review Wonder v. State, 52 So. 3d 696 (Fla. 4th DCA 2010), in which the Fourth District Court of Appeal denied Wonder’s petition for a writ of certiorari. The Fourth District concluded that the trial court did not depart from the essential requirements of law in denying Wonder’s request…
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Wonder v. State, 69 So. 3d 371 (Fla. 4th DCA 2011)…he essential requirements of law by following Velasquez v. State, 9 So. 3d 22 (Fla. 4th DCA 2009), in which we had certified conflict with Peterson v. State, 983 So. 2d 27 (Fla. 1st DCA 2008), and other cases following Peterson. See Wonder v. State, 52 So. 3d 696 (Fla. 4th DCA 2010), quashed, 64 So. 3d 1208 (Fla.2011). In Wonder v. State, 64 So. 3d at 1209, the Florida Supreme Court quashed our opinion and remanded for reconsideration in light of its decision in Dennis v. State, 51 So. 3d 456 (Fla.2010). In…
Authorities Cited
- Zack Peterson v. State, 983 So. 2d 27 (Fla. 1st DCA 2008)
- Velasquez v. State, 9 So. 3d 22 (Fla. 4th DCA 2009)
- State v. Nadim Yaqubie, 51 So. 3d 474 (Fla. 3d DCA 2010)
- Horn v. State, 17 So. 3d 836 (Fla. 2d DCA 2009)
- Gray v. State, 13 So. 3d 114 (Fla. 5th DCA 2009)
- Furney v. State, 17 So. 3d 305 (Fla. 4th DCA 2009)
- Dennis v. State, 17 So. 3d 305 (Fla. 4th DCA 2009)