326 So.3d 673
Fla.2021Background:
- Florida’s Stand Your Ground statute (§ 776.032) generally provides immunity from criminal prosecution for justified use of force; § 776.032(4) (2017) placed the burden on the State to overcome a prima facie immunity claim by clear and convincing evidence at a pretrial immunity hearing.
- Before the 2017 amendment, this Court in Bretherick required the defendant to prove entitlement to immunity by a preponderance of the evidence at the pretrial hearing.
- Boston was charged with aggravated battery (hammer assault); his immunity motion was heard during trial on November 8, 2017, after the amendment’s effective date, but the trial court applied the preamendment Bretherick preponderance standard.
- The trial court denied immunity; a jury later rejected Boston’s self-defense claim and convicted him of misdemeanor battery beyond a reasonable doubt.
- On appeal the First DCA (Boston II) concluded the trial court erred in applying the old standard but held the jury conviction beyond a reasonable doubt cured that error; it affirmed the conviction and certified conflict with the Second DCA’s decision in Nelson.
- The Florida Supreme Court approved the First DCA in Boston II, disapproved Nelson, and held a post-amendment immunity-hearing error applying the wrong burden does not require a new hearing when a jury convicts beyond a reasonable doubt.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a defendant convicted at trial after raising self-defense is entitled to a new pretrial immunity hearing when the trial court applied the preamendment burden instead of the clear-and-convincing standard of § 776.032(4) | Boston: Erroneous application of the preamendment burden deprived him of statutory immunity protections and warrants a new immunity hearing | State: A jury conviction rejecting self-defense beyond a reasonable doubt satisfies and exceeds the clear-and-convincing requirement, curing any pretrial burden error; no new hearing required | Court: No new immunity hearing required; a jury verdict establishing guilt beyond a reasonable doubt cures the trial court’s misapplied pretrial burden error (approve First DCA, disapprove Nelson) |
Key Cases Cited
- Bretherick v. State, 170 So. 3d 766 (Fla. 2015) (pre-amendment rule placing burden on defendant to prove immunity by a preponderance at pretrial hearing)
- Love v. State, 286 So. 3d 177 (Fla. 2019) (2017 amendment to § 776.032 applies to immunity hearings on or after June 9, 2017)
- Dennis v. State, 51 So. 3d 456 (Fla. 2010) (a jury verdict rejecting self-defense beyond a reasonable doubt can cure pretrial immunity-hearing error)
- Boston v. State, 296 So. 3d 580 (Fla. 1st DCA 2020) (First DCA held jury conviction cures trial court’s failure to apply § 776.032(4) at pretrial hearing)
- Nelson v. State, 295 So. 3d 307 (Fla. 2d DCA 2020) (conflicting decision holding a new immunity hearing required despite subsequent jury conviction)