We have for review
Wonder v. State,
We have since resolved the conflict, concluding that where a criminal defendant files a motion to dismiss on the basis of section 776.032, the trial court should decide the factual question of the applicability of the statutory immunity.
See Dennis v. State,
Following that decision, we issued an order directing the State to show cause why this Court should not exercise jurisdiction in the instant case, summarily quash the decision on review, and remand *1209 for reconsideration in light of Dennis. The State has filed a response conceding that “given the procedural posture of this case ... this cause should be remanded for reconsideration.”
We accordingly grant the petition for review in the present case. The decision under review is quashed, and this matter is remanded to the Fourth District for reconsideration upon application of this Court’s decision in Dennis.
It is so ordered.
