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GRAY v. STATE

No. 5D09-2060.

42 So.3d 341 (2010)

John C. GRAY, Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 20, 2010.

Attorney(s) appearing for the Case

Mark L. Horwitz and Cassandra Snapp of Law Offices of Mark L. Horwitz, Orlando, for Appellant.

Bill McCollum , Attorney General, Tallahassee, and Kristen L. Davenport , Assistant Attorney General, Daytona Beach, for Appellee.

COHEN, J.

John Charles Gray, Jr., appeals the denial of his dispositive motion to dismiss predicated on section 776.032, Florida Statutes (2007). We affirm.

Gray was charged with aggravated assault with a firearm after he allegedly pointed his handgun at the driver of another vehicle and threatened to shoot him. Asserting that he was immune from prosecution because he was acting in self defense, Gray moved to dismiss the charge pursuant to section 776.032...

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