300 So.3d 757
Fla. Dist. Ct. App.2020Background
- At a residential gathering Rivera shot and killed the host and injured others; he was charged with first-degree murder, attempted first-degree murder, aggravated battery with a deadly weapon, and discharging a firearm.
- Rivera moved pretrial to dismiss under Florida’s Stand Your Ground statute, § 776.032 (2016); the trial court held an evidentiary immunity hearing and denied the motion.
- A jury convicted Rivera of most charges; after conviction the legislature amended § 776.032(4) (2017) to place the burden on the State to overcome immunity by clear and convincing evidence once a defendant makes a prima facie showing.
- Rivera sought retroactive application of the 2017 amendment and a new immunity hearing.
- The Florida Supreme Court in Love v. State held the amendment is procedural (not substantive) and applies to immunity hearings conducted on or after the statute’s effective date.
- Because Rivera’s immunity hearing occurred before the amendment’s effective date, the Fourth District (following Love) affirmed Rivera’s convictions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rivera is entitled to a new Stand Your Ground hearing under § 776.032(4) amended after his hearing | Rivera: Amendment should apply retroactively; requires State to meet clear and convincing burden, entitling him to a new hearing | State: Amendment applies only to hearings on/after its effective date; not retroactive to hearings already held | Court: Amendment is procedural but applies only to immunity hearings conducted on/after the effective date; Rivera’s hearing predated it, so no new hearing; affirmed |
| Whether § 776.032(4) is substantive or procedural for retroactivity purposes | Rivera: Amendment changes burden and therefore affects defendant’s substantive rights | State: Amendment is procedural (burden of proof) and governed by case posture for retroactivity | Court: Amendment is procedural; retroactivity depends on posture (hearing date); Love controls and overrules contrary DCA precedent |
Key Cases Cited
- Love v. State, 286 So. 3d 177 (Fla. 2019) (held § 776.032(4) procedural and applies to immunity hearings on or after its effective date)
- Bretherick v. State, 170 So. 3d 766 (Fla. 2015) (describes requirement for evidentiary immunity hearings under Stand Your Ground)
- Dennis v. State, 51 So. 3d 456 (Fla. 2010) (discusses trial court’s role in deciding factual applicability of statutory immunity)
- State v. Garcia, 229 So. 2d 236 (Fla. 1969) (distinguishing substantive from procedural legislation)
- Hight v. State, 253 So. 3d 1137 (Fla. 4th DCA 2018) (earlier Fourth DCA holding that § 776.032(4) is substantive; superseded by Love)
- Landgraf v. USI Film Prods., 511 U.S. 244 (1994) (framework for determining retroactivity of procedural statutes)