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Keywords

defendantstatutehearingtrialmotiondomestic violencefelonyjury trialmotion to dismiss
defendantstatutehearingtrialmotionmotion to dismiss

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Dennis v. State, 51 So.3d 456, 35 Fla. L. Weekly S731, 36 Fla. L. Weekly S18

Facts

Clarence Dennis was charged with attempted first-degree murder following a domestic violence incident. He filed motions to dismiss the charges, claiming immunity under the 'Stand Your Ground' statute, asserting that his actions were justified. The trial court denied his motions without a hearing, leading to a conviction for felony battery after a jury trial.

Dennis filed two motions to dismiss the information pursuant to section 776.032(1), Florida Statutes (2006), asserting that he was immune from criminal prosecution because his actions were a justified use of force.

Issue

Whether a trial court should conduct a pretrial evidentiary hearing to resolve disputed issues of fact when ruling on a motion to dismiss asserting immunity from criminal prosecution under section 776.032, Florida Statutes.

Whether the trial court erred in denying Dennis's motion to dismiss on his claim of statutory immunity brought under section 776.032, Florida Statutes, because there were disputed issues of material fact.

Rule

A trial court must decide the factual question of the applicability of statutory immunity when a criminal defendant files a motion to dismiss under section 776.032, and this motion is not subject to the requirements of rule 3.190(c)(4).

Where a criminal defendant files a motion to dismiss on the basis of section 776.032, the trial court should decide the factual question of the applicability of the statutory immunity.

Analysis

The Supreme Court approved the procedure established in Peterson, which requires a trial court to conduct a pretrial evidentiary hearing to determine if a defendant is entitled to immunity under the 'Stand Your Ground' statute. The Court disapproved the Fourth District's reasoning in Dennis, emphasizing that the trial court's failure to hold a hearing was an error, but it was ultimately harmless as the evidence presented at trial supported the conviction.

We first explain why we approve the Peterson procedure for ruling on motions to dismiss filed pursuant to section 776.032. We then explain why Dennis is not entitled to relief despite the trial court's denial of an evidentiary hearing on his motions to dismiss.

Conclusion

The Supreme Court affirmed the Fourth District's decision, concluding that while the trial court erred in not holding a pretrial evidentiary hearing, the error was harmless and did not affect the outcome of the trial.

We do not, however, quash the Fourth District's decision affirming Dennis's conviction and sentence. The erroneous denial of a motion to dismiss may be harmless.

Who won?

The State prevailed in the case because the Supreme Court affirmed the conviction despite the trial court's error regarding the pretrial hearing.

The State filed a traverse and demurrer, asserting that material facts were in dispute.

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