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Fuller v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Nov 13, 2020
306 So. 3d 406 (Fla. Dist. Ct. App. 2020)

Opinion

Case No. 5D16-2646

11-13-2020

Bruce FULLER, Appellant, v. STATE of Florida, Appellee.

William R. Ponall, of Ponall Law, Maitland, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.


William R. Ponall, of Ponall Law, Maitland, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.

ON REMAND FROM THE FLORIDA SUPREME COURT

EDWARDS, J.

Following its decision in Love v. State , 286 So. 3d 177 (Fla. 2019), the Florida Supreme Court reversed this Court's earlier decision in this case to the extent we found Appellant was entitled to a new Stand Your Ground pretrial hearing, during which the State would bear the burden of proof. Because Appellant's pretrial Stand Your Ground hearing took place on March 1, 2016, prior to the 2017 effective date of the modified Stand Your Ground statute, he is not entitled to another such hearing. See Love , 286 So. 3d at 190 ("Section 776.032(4) is a procedural change in the law and applies to all Stand Your Ground immunity hearings conducted on or after the statute's effective date."). We remand this matter for a new trial in accordance with our previously issued opinion.

REVERSED AND REMANDED.

EVANDER, C.J., and COHEN, J., concur.

See Fuller v. State , 257 So. 3d 521 (Fla. 5th DCA 2018), review granted, decision quashed , 45 Fla. L. Weekly S186, 2020 WL 2790140 (Fla. May 29, 2020).


Summaries of

Fuller v. State

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT
Nov 13, 2020
306 So. 3d 406 (Fla. Dist. Ct. App. 2020)
Case details for

Fuller v. State

Case Details

Full title:BRUCE FULLER, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Nov 13, 2020

Citations

306 So. 3d 406 (Fla. Dist. Ct. App. 2020)