The Defendant, pursuant to Florida Rule of Criminal Procedure 3.190(b), moves this Court to dismiss the Information in this case filed February 13, 2013. As grounds for this motion the Defendant avers that he is immune from prosecution pursuant to Florida Statute 776.032.
In support of this motion the Defendant states:
1. Florida Statute 776.032, which became effective October 1, 2005, provides: “A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution . . .”
2. “Florida Rule of Criminal Procedure 3.190(b)—rather than rule 3.190(c)(4)— provides the appropriate procedural vehicle for the consideration of a claim of section 776.032 immunity.” Dennis v. State, 51 So. 3d 456 (Fla. 2010)
3. The Defendant avers that his use of force was permitted under Fla. Stat. 776.012, which provides: ”(A) person is justified in the use of deadly force and does not have a duty to retreat if: (1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or (2) Under those circumstances permitted pursuant to s. 776.013.”
4. The Defendant avers that his use of force was permitted under Florida Statute 776.013, which provides: “(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.”
WHEREFORE the Defendant moves that this Information be dismissed. If the State does not consent to the motion, the Defendant requests this Court schedule and hold an evidentiary hearing where the Defendant will present evidence and testimony that will demonstrate his entitlement to immunity.