Dennis v. State
51 So. 3d 456
| Fla. | 2010Background
- Dennis was charged with attempted first-degree murder stemming from a domestic violence incident in August 2006.
- Dennis moved to dismiss under 776.032(1) claiming statutory immunity; filed two motions under Fla. R. Crim. P. 3.190(c)(4) and 3.190(c)(3).
- The trial court denied the 3.190(c)(4) motion due to alleged disputed material facts and rejected an evidentiary hearing, then denied the 3.190(c)(3) motion.
- The State amended the charge to aggravated battery; at trial Dennis was convicted of felony battery and sentenced to 60 months.
- Fourth District affirmed; conflict certified with First District’s Peterson approach which favored pretrial immunity determination; Florida Supreme Court accepted jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court should conduct a pretrial evidentiary hearing on immunity | Dennis adopts Peterson approach. | State adopts Rule 3.190(c)(4) denial when facts are disputed. | Trial court must determine immunity pretrial. |
| Proper procedural vehicle for 776.032 immunity | Immunity is a substantive right; not limited to 3.190(c)(4). | Motion to dismiss under 3.190(c)(4) governs when facts dispute immunity. | Rule 3.190(b) governs immunity motions. |
| Whether denial of a pretrial hearing was harmless error | Error in denying hearing affected Dennis's rights. | No substantial impact; trial proceeded with self-defense issues. | Denial was harmless beyond a reasonable doubt. |
Key Cases Cited
- Peterson v. State, 983 So.2d 27 (Fla. 1st DCA 2008) (immunity should be decided pretrial by weighing factual disputes)
- Velasquez v. State, 9 So.3d 22 (Fla. 4th DCA 2009) (mootness of disputed facts in immunity rulings)
- People v. Guenther, 740 P.2d 971 (Colo. 1987) (pretrial dismissal when immunity is raised and burden by preponderance)
- McDole v. State, 283 So.2d 553 (Fla. 1973) (burden in pretrial challenges to voluntariness of a confession analogous to immunity burden)
- Kalogeropolous v. State, 758 So.2d 110 (Fla. 2000) (proper denial of motion to dismiss when facts are in dispute)
- Parrish v. AmSouth Bank, 657 So.2d 1189 (Fla. 4th DCA 1995) (remedies for erroneous denial of motions in certain contexts)
- Martinez v. State, 981 So.2d 449 (Fla. 2008) (statutory interpretation guiding remedial construction)