Toiran v. State, 3D17-2389

CourtCourt of Appeal of Florida (US)
Writing for the CourtSCALES, J.
Citation256 So.3d 948
Parties Rene C. TOIRAN, Petitioner, v. The STATE of Florida, Respondent.
Docket NumberNo. 3D17-2389,3D17-2389
Decision Date26 September 2018

256 So.3d 948

Rene C. TOIRAN, Petitioner,
v.
The STATE of Florida, Respondent.

No. 3D17-2389

District Court of Appeal of Florida, Third District.

Opinion filed September 26, 2018


Donet, McMillan & Trontz, P.A., and David A. Donet, Jr., Miami, for petitioner.

Pamela Jo Bondi, Attorney General, and Marlon J. Weiss, Assistant Attorney General, and Amit Agarwal (Tallahassee), Solicitor General, for respondent.

Before SUAREZ, LAGOA and SCALES, JJ.

SCALES, J.

Petitioner, Rene Toiran, seeks a writ of prohibition directing the trial court to relieve him from criminal prosecution for second degree murder for a shooting death that occurred on January 12, 2015, on the ground that he is immune from prosecution under Florida's Stand Your Ground Law,

256 So.3d 949

section 776.032 of the Florida Statutes (2017). For the following reasons, we deny the petition.

After Toiran filed his motion below arguing that he is immune from criminal prosecution, but before the immunity motion was heard, the Florida Legislature amended section 776.032, effective June 9, 2017, by adding subsection (4), which creates a new standard for determining immunity:

In a criminal prosecution, once a prima facie claim of self-defense immunity from criminal prosecution has been raised by the defendant at a pretrial immunity hearing, the burden of proof by clear and convincing evidence is on the party seeking to overcome the immunity from criminal prosecution provided in subsection (1).

§ 776.032(4), Fla. Stat. (2017) ; Ch. 2017-72, § 1, Laws of Fla. The trial court directed the parties to prepare and submit additional briefing on the issue of the constitutionality and retroactivity of subsection (4). On July 6, 2017, the trial court1 entered an order finding that subsection (4) was constitutional, but not retroactive, and directing that an immunity hearing be held applying the version of section 776.032 in effect when the instant shooting death occurred (on January 12, 2015).

A different judge2 held an immunity hearing between July 25 and July 28, 2017. At...

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2 cases
  • Toiran v. State, 3D19-911
    • United States
    • Court of Appeal of Florida (US)
    • November 17, 2021
    ...concluded that the trial court correctly applied the 2015 version of the SYG statute when denying Toiran's SYG motion. Toiran v. State, 256 So. 3d 948, 949 (Fla. 3d DCA 2018).In December 2018, Toiran proceeded to a jury trial. After both the State and defense rested, Toiran moved for a judg......
  • Toiran v. State, 3D19-911
    • United States
    • Court of Appeal of Florida (US)
    • November 17, 2021
    ...concluded that the trial court correctly applied the 2015 version of the SYG statute when denying Toiran's SYG motion. Toiran v. State, 256 So.3d 948, 949 (Fla. 3d DCA 2018). In December 2018, Toiran proceeded to a jury trial. After both the State and defense rested, Toiran moved for a judg......

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