TYMOTHY RAY MARTIN
v.
STATE OF FLORIDA
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A defendant is not entitled to a new immunity hearing under an amended Stand Your Ground statute when the original immunity hearing occurred before the amended statute's effective date.
[1] An amended Stand Your Ground statute applies only to immunity hearings that take place on or after the statute's effective date, not to immunity hearings that occurred be…
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Join FLexlaw to unlock all legal intelligence“[Section 776.032(4)] applies to those immunity hearings, including in pending cases, that take place on or after the statute's effective date.”
Court's explanation of the temporal application of the amended Stand Your Ground statute
Timothy Ray Martin was convicted of felony battery and sentenced to three years in prison followed by two years of probation. He filed a motion to dis…
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
TIMOTHY RAY MARTIN, ) ) Appellant, )
V.
) Case No. 2D16-4468 ) ) ) ) ) STATE OF FLORIDA, Appellee.
Opinion filed December 9, 2020.
Appeal from the Circuit Court for Hillsborough County; Chet A. Tharpe, Judge.
Howard L. Dimmig, II, Public Defender and Kevin Briggs, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee and Jonathan A. Hurley, Assistant Attorney General, Tampa, for Appellee.
PER CURIAM.
ON REMAND FROM THE FLORIDA SUPREME COURT
This matter is before us on remand from the Florida Supreme Court for reconsideration based on its decision in Love v. State, 286 So. 3d 177 (Fla. 2019).
Timothy Ray Martin was convicted of felony battery, see § 784.041(1), Fla. Stat. (2016), following a jury trial and sentenced to three years in prison followed by two years of probation. Prior to trial, Mr. Martin filed a motion to dismiss the information charging him with aggravated battery based on section 776.032, Florida Statutes (2016), Florida's "Stand Your Ground" law. After an evidentiary hearing, the trial court denied the motion after applying the statutory burden of proof in effect at that time. Mr. Martin appealed, and this court reversed Mr. Martin's judgment and sentence and remanded for a new immunity hearing under the amended Stand Your Ground law. See Martin v. State, 43 Fla. L. Weekly D1016 (Fla. 2d DCA May 4, 2018), disapproved of by Love, 286 So. 3d at 190. On remand, we now conclude that Mr. Martin is not entitled to a new immunity hearing because his immunity hearing occurred before the amended statute's effective date. See Love, 286 So. 3d at 188 ("[Section 776.032(4)] applies to those immunity hearings, including in pending cases, that take place on or after the statute's effective date."). Accordingly, we affirm Mr. Martin's judgment and sentence.
Affirmed.
CASANUEVA, SLEET, and LUCAS, JJ., Concur.