BRIAN BRAGDON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
BRIAN BRAGDON, PETITIONER,
STATE OF FLORIDA, RESPONDENT
123 So. 3d 654
Florida District Court of Appeal, Fourth District (2013)
Positive Treatment
Cited by 8 cases
Opinion of the Court
The petition for writ of prohibition or certiorari is denied based on State v. Hill, 95 So.3d 434, 435 (Fla. 4th DCA 2012), which holds that “the defendant’s crime of possession of a firearm by a convicted felon precludes him from seeking immunity under the Stand Your Ground law.” We certify that this decision expressly conflicts with Little v. State, 111 So.3d 214 (Fla. 2d DCA 2013), on the issue of whether a defendant engaged in “unlawful activity” is precluded from claiming self defense immunity from prosecution.
Petition denied. Conflict certified.
DAMOORGIAN, C.J., GROSS and GERBER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Hill v. State, 143 So. 3d 981 (Fla. 4th DCA 2014)…ti-tied to immunity under section 776.032(1).” Little, 111 So. 3d at 222. This opinion should eliminate any perceived conflict between our courts' positions on this issue. . We acknowledge that we adhered to the holding of Hill in Bragdon v. State, 123 So. 3d 654 (Fla. 4th DCA 2013) (certifying conflict with Little), petition for review granted, No. SC13-2083, 2014 WL 3360153 (Fla. July 2, 2014). To the extent that the petitioner there may have relied on section 776.012 instead of section 776.013(3), Bragdon…
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State v. Wonder, 128 So. 3d 867 (Fla. 4th DCA 2013)…. Wonder v. State, 64 So. 3d 1208 (Fla. 2011). . We have recently held that possession of a firearm by a convicted felon constitutes "unlawful activity” and precludes immunity under the "Stand Your Ground” law, section 766.013(3). Bragdon v. State, 123 So. 3d 654 (Fla. 4th DCA 2013). We certified conflict with Little v. State, 111 So. 3d 214 (Fla. 2d DCA 2013) (holding trial court erred in denying immunity to defendant under section 776.012).…
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Brown v. State, 135 So. 3d 1160 (Fla. 1st DCA 2014)…n in the absence of such specification is illustrated by the certified conflict and question of great public importance in the Second District’s Little decision and the conflict with the Fourth District’s Hill decision certified in Bragdon v. State, 123 So. 3d 654 (Fla. 4th DCA 2013). After alleging the particular statutory basis for a claim of immunity, the defendant must then prove the facts (reasonable belief that such force is necessary, etc.) as required by the statute upon which he or she relies to allo…
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- Little v. State, 111 So. 3d 214 (Fla. 2d DCA 2013)
- State v. Hill, 95 So. 3d 434 (Fla. 4th DCA 2012)