GUILLERMO PENALVER
v.
THE STATE OF FLORIDA
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Guillermo Penalver sought a writ of certiorari to quash a trial court order denying his motion to dismiss based on Florida's Stand Your Ground immunity statute. The trial court had denied the motion because it was not sworn and lacked supporting evidence or testimony. The appellate court granted the petition, finding that under Casanova v. State, a Stand Your Ground motion can establish a prima facie claim of self-defense immunity even without a sworn affidavit or evidentiary support.
A defendant's motion to dismiss under Florida's Stand Your Ground law can establish a prima facie claim of self-defense immunity from criminal prosecution even though the motion is not sworn to by someone with personal knowledge and is not supported by evidence or testimony establishing the facts alleged in the motion.
[1] A motion to dismiss based on Florida's Stand Your Ground statute need not be sworn to by someone with personal knowledge or supported by evidence and testimony in order t…
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Join FLexlaw to unlock all legal intelligence“[A] defendant's motion to dismiss under Florida's Stand Your Ground law can establish a prima facie claim of self-defense immunity from criminal prosecution even though the motion to dismiss is not sworn to by someone with personal knowledge or supported by evidence or testimony establishing the facts in the motion to dismiss.”
The court's holding regarding the requirements for a Stand Your Ground immunity motion.
Penalver filed a motion to dismiss based on Stand Your Ground immunity pursuant to Florida Statutes section 776.032. The trial court denied this motio…
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Opinion filed February 2, 2022. Not final until disposition of timely filed motion for rehearing.
________________ No. 3D21-1879 Lower Tribunal No. F21-7542 ________________
Guillermo Penalver,
Petitioner,
vs.
The State of Florida,
Respondent.
A Writ of Certiorari to the Circuit Court for Miami-Dade County, Zachary James, Judge. Carlos J. Martinez, Public Defender, and Deborah Prager, Assistant Public Defender, for petitioner. Ashley Moody, Attorney General, and David Llanes, Assistant Attorney General, for respondent. Before FERNANDEZ, C.J., and LOGUE, and BOKOR, JJ. PER CURIAM.
Guillermo Penalver seeks a writ of certiorari quashing the trial court’s order denying his motion to dismiss based on stand your ground immunity filed pursuant to section 776.032, Florida Statutes (2020). The trial court, based on its conclusion that Penalver’s motion below was not sworn and did not rely on record evidence, together with Penalver’s failure to present any evidence or testimony to support his claim of immunity, denied the motion.
For the reasons discussed herein, we grant the petition, quash the trial court's order, and remand with instructions.
While Penalver’s petition was pending in this Court, we issued Casanova v. State, 46 Fla. L. Weekly D2326 (Fla. 3d DCA Oct. 27, 2021), holding:
[A] defendant’s motion to dismiss under Florida's Stand Your Ground law can establish a prima facie claim of self-defense immunity from criminal prosecution even though the motion to dismiss is not sworn to by someone with personal knowledge or supported by evidence or testimony establishing the facts in the motion to dismiss. We therefore grant the petition for a writ of certiorari, quash the order below, and remand for further proceedings consistent with Casanova.
Petition granted; order quashed.
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Citator
Cited By
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Penalver v. State, 46 Fla. L. Weekly D2326 (Fla. 3d DCA 2022)
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State v. Moore (Fla. 3d DCA 2022)
Authorities Cited
- Penalver v. State, 46 Fla. L. Weekly D2326 (Fla. 3d DCA 2022)