VENTURA
v.
STATE

Fla. 3d DCA | 2019-04-17
No. 18-2411
Fernandez, J., Logue, J., Miller, J., Fernandez, J. (trial court), Tinkler-Mendez, J. (trial court)
273 So. 3d 1067 Florida District Court of Appeal, Third District (2019)

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Holding

A trial court's denial of a Stand-Your-Ground immunity motion after an evidentiary hearing is reviewable and was properly affirmed where the record supported the denial.


Headnotes

[1] A trial court's denial of a Stand-Your-Ground immunity motion following an evidentiary hearing constitutes a final order subject to appellate review.

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Facts & Procedural History

Francisco Ventura appealed multiple orders from the Circuit Court for Miami-Dade County, including a denial of his Stand-Your-Ground immunity motion e…

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Opinion of the Court
Miller

Third District Court of Appeal State of Florida Opinion filed April 17, 2019. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D18-2411 Lower Tribunal Nos. 17-11762; 16-18158; 16-17619; 16-20175 & 16-20177 ________________ Francisco Ventura, Appellant, vs. The State of Florida, Appellee. An Appeal from non-final orders from the Circuit Court for Miami-Dade County, Jose L. Fernandez and Marisa Tinkler-Mendez, Judges. Francisco Ventura, in proper person. Ashley Moody, Attorney General, for appellee. Before FERNANDEZ, LOGUE, and MILLER, JJ.

PER CURIAM.

The trial court’s order denying Appellant’s motion to dismiss on the basis of Stand-Your-Ground immunity, which was entered after an evidentiary hearing, is affirmed. The appeals of the orders denying the motion to dismiss for violations of Brady v. Maryland, 373 U.S. 83 (1963), the motion to protect all of the accused’s constitutional rights, and the motion to identify subject matter jurisdiction are dismissed for lack of jurisdiction. Affirmed. 2


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