DENNIS v. STATE

No. SC09-941.

CLARENCE DENNIS, Petitioner, v. STATE OF FLORIDA, Respondent.

Supreme Court of Florida.

December 16, 2010.


Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Barbara J. Wolfe , Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, Florida, for Petitioner.

Bill McCollum , Attorney General, Tallahassee, Florida, Celia Terenzio , Bureau Chief, Diana K. Bock and Melanie Dale Surber , Assistant Attorneys General, West Palm Beach, Florida, for Respondent.


CANADY, C.J.

In this case we consider whether a trial court should conduct a pretrial evidentiary hearing and resolve issues of fact when ruling on a motion to dismiss asserting immunity from criminal prosecution pursuant to section 776.032, Florida Statutes (2006), commonly known as the "Stand Your Ground" statute. We have for review the decision of the Fourth District Court of Appeal in Dennis v. State, 17 So.3d 305

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