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STATE v. HECKMAN

No. 2D06-5653.

993 So.2d 1004 (2007)

STATE of Florida, Appellant, v. David HECKMAN, Appellee.

District Court of Appeal of Florida, Second District.

December 7, 2007.

Attorney(s) appearing for the Case

Bill McCollum, Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellant.

Raymond T. Elligett, Jr., of Schropp, Buell & Elligett, P.A., Tampa, for Appellee.

STRINGER, Judge.

The State seeks review of the trial court's order granting David Heckman's motion to dismiss the information that charged Heckman with aggravated battery. The State argues that the trial court erred in determining that Heckman's actions were immune from prosecution under sections 776.013 and 776.032, Florida Statutes (2005). We conclude that immunity does not apply because the victim was retreating from Heckman's dwelling when Heckman shot him. Accordingly...

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