Legal Topics

Criminal law — Prohibition — Battery — Immunity

May 18th, 2018 in News by admin

Criminal law — Prohibition — Battery — Immunity — Stand Your Ground law — Timeliness of motion — Motion to dismiss battery charge based on Stand Your Ground law was untimely where motion was not filed at or before arraignment and does not fall within limited exceptions provided by Rule 3.190 — Court rejects defendant’s argument that section 776.032 demonstrates implicit attempt to dispose of rule’s time limitation for motion based on that statute — Trial court did not err in granting state’s motion to strike motion to dismiss — Petition for writ of prohibition against county from taking further action beyond hearing on motion to dismiss denied