Nelson v. State
| Decision Date | 18 March 2020 |
| Docket Number | Case No. 2D18-39 |
| Citation | 295 So.3d 307 (Mem) |
| Parties | Justin NELSON, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Howard L. Dimmig, II, Public Defender, and Timothy J. Ferreri, Assistant Public Defender, Bartow, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Laurie Benoit-Knox, Assistant Attorney General, Tampa, for Appellee.
Justin Nelson appeals his conviction and sentence for aggravated assault. He was found guilty by a jury after the circuit court denied his motion to dismiss based on section 776.032, Florida Statutes (2017), Florida's "Stand Your Ground" law. Nelson argues that he is entitled to a new immunity hearing because section 776.032 was amended in 2017 to shift the burden of proof from the defendant to the State. We agree and reverse. As to Nelson's remaining claim, we affirm without comment.
The Florida Supreme Court recently held in Love v. State, 286 So. 3d 177, 190 (Fla. 2019), that "[s]ection 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" (emphasis added). Because Nelson's immunity hearing was held on June 9, 2017, the same day the amendment became effective, he is entitled to a new immunity hearing conducted under the amended statute. Accordingly, we reverse and remand for proceedings consistent with this opinion.
Reversed and remanded with directions.
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...v. State, 296 So. 3d 580 (Fla. 1st DCA 2020) (" Boston II")1 , and the Second District Court of Appeal's decision in Nelson v. State, 295 So. 3d 307 (Fla. 2d DCA 2020). In Boston, the Florida Supreme noted that it was considering the following question, which the First District answered in ......