Opinion
1D22-455
10-12-2022
Willie Field Bryant III, Petitioner, v. State of Florida, Respondent.
Alexis J. Giannasoli, Assistant Public Defender, Gainesville, for Petitioner. Ashley Moody, Attorney General, and Robert Charlie Lee, Assistant Attorney General, Tallahassee, for Respondent.
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
Petition for Writ of Prohibition-Original Jurisdiction.
Alexis J. Giannasoli, Assistant Public Defender, Gainesville, for Petitioner.
Ashley Moody, Attorney General, and Robert Charlie Lee, Assistant Attorney General, Tallahassee, for Respondent.
PER CURIAM
Willie Field Bryant moved to dismiss a charge of aggravated battery with a deadly weapon and great bodily harm, claiming he is entitled to self-defense immunity under sections 776.012 and 776.032, Florida Statutes. The trial court denied Bryant's motion after an evidentiary hearing. Bryant now petitions this Court for a writ of prohibition. The trial court found that the State overcame Bryant's immunity claim by clear and convincing evidence, and we conclude this finding is supported by competent, substantial evidence. See Morris v. State, 325 So.3d 1009, 1012 (Fla. 1st DCA 2021); Edwards v. State, 257 So.3d 586, 587-88 (Fla. 1st DCA 2018); Mederos v. State, 102 So.3d 7, 11 (Fla. 1st DCA 2012). We also find that the record does not support Bryant's claim that the trial court improperly shifted the burden of proof onto him at the immunity hearing. Accordingly, we deny the petition for writ of prohibition.
Denied.
Makar, Jay, and Nordby, JJ., concur.