Cruz v. State
2011 Fla. App. LEXIS 2232
Fla. Dist. Ct. App.2011Background
- Defendant Julio Cruz filed an emergency petition for writ of prohibition seeking to halt Broward County proceedings until the proper immunity-determination procedure under §776.032, Fla. Stat. (2009) is resolved.
- Cruz was charged with aggravated assault with a deadly weapon and moved for dismissal based on statutory immunity.
- The trial court denied the motion without an evidentiary hearing, relying on Velasquez v. State (Fla. 4th DCA 2009) regarding Rule 3.190(c)(4) and disputed facts.
- The Velasquez decision certified a conflict with Peterson v. State (Fla. 1st DCA 2008) about pretrial immunity procedures and burdens of proof.
- Dennis v. State (Fla. 4th DCA 2009) presented the issue on review, with the court initially denying the immunity-dismissal approach in Dennis.
- The Florida Supreme Court resolved the conflict by adopting Peterson and Dennis’s approach, prompting the current petition grant directing adherence to that standard.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| What is the proper pretrial procedure for immunity under §776.032? | Cruz argues for Peterson/Dennis approach. | State supports pretrial dismissal only when no factual disputes exist. | The trial court must apply Peterson/Dennis pretrial procedure. |
| Should the defendant bear the burden and prove immunity by a preponderance of the evidence pretrial? | Cruz supports burden-set by pretrial rule. | State contends for established pretrial burden. | Immunity attachments must be shown by a preponderance of the evidence. |
| Does Velasquez control dismissal when material facts are in dispute? | Velasquez allows dismissal when facts disputed. | State urges alignment with Velasquez's approach. | Velasquez does not control; Peterson/Dennis governs. |
Key Cases Cited
- Velasquez v. State, 9 So.3d 22 (Fla. 4th DCA 2009) (pretrial immunity determination when facts are disputed; denial of motion allowed)
- Peterson v. State, 983 So.2d 27 (Fla. 1st DCA 2008) (pretrial immunity procedure requiring weighing factual disputes)
- Dennis v. State, 51 So.3d 456 (Fla.2010) (supreme court resolution adopting Peterson approach)
- People v. Guenther, 740 P.2d 971 (Colo.1987) (immunity burden and pretrial dismissal framework)
- McDole v. State, 283 So.2d 553 (Fla.1973) (burden/independence of voluntariness considerations in similar contexts)
- Dennis v. State, 17 So.3d 305 (Fla. 4th DCA 2009) (discussed in Velasquez; cited in the conflict resolution)