ARCERI
v.
STATE
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An appellate court lacks jurisdiction to grant certiorari relief on the question of retroactive application of statutory amendments before the trial court has completed proceedings and ruled on the underlying motion.
[1] An appellate court lacks jurisdiction to review a trial court's interlocutory order concerning retroactive application of statutory amendments when the trial court has no…
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Join FLexlaw to unlock all legal intelligenceArceri committed an alleged crime on July 15, 2014. The Florida legislature amended section 776.032 (Stand Your Ground statute) on June 9, 2017, alter…
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Third District Court of Appeal
State of Florida
Opinion filed February 21, 2018. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D17-2712 Lower Tribunal No. 14-563-A-K
________________
Jeff M. Arceri,
Petitioner,
vs.
The State of Florida,
Respondent.
On Petition for Writ of Certiorari from the Circuit Court for Monroe County. Hal G. Schuhmacher; Michael Ufferman (Tallahassee), for petitioner. Pamela Jo Bondi, Attorney General, and Marlon J. Weiss, Assistant Attorney General, and Amit Agarwal, Solicitor General (Tallahassee), for respondent. Before SALTER, LUCK and LINDSEY, JJ.
PER CURIAM.
Jeff Arceri petitions for a writ of certiorari quashing a Monroe County Circuit Court Order declining retroactive application of the 2017 amendments to the Stand Your Ground (“SYG”) statute, section 776.032, Florida Statutes (2017). The date of the alleged crime was July 15, 2014, and the effective date of enactment of the SYG amendments (altering the burden and standard of proof regarding claims of SYG immunity) was June 9, 2017. The trial court conducted a hearing regarding retroactive application of the statute to Arceri’s motion for SYG immunity in October 2017, and it entered an order denying retroactive application of the statutory amendments on November 15, 2017. An evidentiary hearing on Arceri’s SYG motion has not been completed, and the motion has not been granted or denied.
Pending a ruling on Arceri’s motion for SYG immunity by the trial court, we lack jurisdiction to grant relief. Rodriguez v. State, No. 3D17-1633 (Fla. 3d DCA Feb. 7, 2018).
Petition dismissed.