GABRYL MARK SULLIVAN
v.
STATE OF FLORIDA
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The 2017 amendment to section 776.032, Florida's Stand Your Ground law, is procedural and therefore applies retroactively to pending cases, requiring reconsideration of a defendant's immunity claim.
[1] The 2017 amendment to Florida Statutes section 776.032 establishing a new immunity provision is procedural in nature and therefore applies retroactively to criminal cases…
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Join FLexlaw to unlock all legal intelligenceGabryl Sullivan was convicted by jury of aggravated battery causing great bodily harm with a deadly weapon and sentenced to seven years in prison. Sul…
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PER CURIAM.
Gabryl Sullivan challenges his judgment and sentence for aggravated battery causing great bodily harm with a deadly weapon. See §§ 775.087(1),
784.045(1)(a), Fla. Stat. (2016). Sullivan was convicted following a jury trial and sentenced to seven years in prison. On appeal, Sullivan argues in part that the 2017 amendment to section 776.032, Florida Statutes, creating subsection (4), should apply retroactively to his case and that his motion to dismiss based on immunity from prosecution should be reconsidered under the statute as amended. This court's recent opinion concluding that the 2017 amendment to section 776.032, Florida's Stand Your
Ground law, is procedural in nature and thus should be applied retroactively to pending cases necessarily controls our decision here. See Martin v. State, No. 2D16-4468,
2018 WL 2074171, *4 (Fla. 2d DCA May 4, 2018), review pending, No. SC18-789.
Accordingly, as we did in Martin, we reverse Sullivan's judgment and sentence and remand for a new immunity hearing under the 2017 statute with instructions that if the trial court determines that Sullivan is not entitled to immunity, the court shall deny his motion and reinstate Sullivan's conviction and sentence. We recognize that the Third District Court of Appeal has recently held that the 2017 amendment to section 776.032 imposes a new legal burden on the State such that it should be treated as a substantive change in the law which does not apply retroactively;
we therefore certify conflict with Love v. State, No. 3D17-2112, 2018 WL 2169980, *3-*4 (Fla. 3d DCA May 11, 2018), review pending, No. SC18-747.
Reversed and remanded with instructions; conflict certified.
KHOUZAM, MORRIS, and BLACK, JJ., Concur.
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Citator
Cited By (17 total)
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Love v. State, 247 So. 3d 609 (Fla. 3d DCA 2018)
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Hight v. State, 253 So. 3d 1137 (Fla. 4th DCA 2018)
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Blair Alexandria Edwards v. State, 257 So. 3d 586 (Fla. 1st DCA 2018)…t DCA 2018). Given the State’s acceptance of the burden here, the outcome of Love before the Florida Supreme Court is likely immaterial in this case. 2 As Judge Lucas noted in Martin v. State, -- So. 3d --, 43 Fla. L. Weekly D1016, D1017 n.3, 2018 WL 2074171, *2 n.3 (Fla. 2d DCA May 4, 2018), “[t]he term ‘burden of proof’ is often criticized for its imprecision; whether it is meant as a burden to initially present evidence or a burden to ultimately persuade a finder of fact.” As further noted in Ma…
Previewing 3 of 17 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Love v. State, 247 So. 3d 609 (Fla. 3d DCA 2018)