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HORN v. STATE

No. 2D09-882.

17 So.3d 836 (2009)

Max Wesley HORN, Jr., Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 30, 2009.

Attorney(s) appearing for the Case

Peter O. Brick and D. Keith Hammond of Brick & Hammond, New Port Richey, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, and Diana K. Bock, Assistant Attorney General, Tampa, for Respondent.

CASANUEVA, Chief Judge.

Max Wesley Horn, Jr., filed a petition for writ of certiorari asking this court to quash the trial court's order denying him immunity from prosecution. We deny the petition. However, we write to discuss and approve of the trial court's procedures in determining that Mr. Horn was not entitled to immunity under section 776.032, Florida Statutes (2007).

Facts

On March 29, 2008, Mr. Horn shot and killed Joseph Martel, resulting...

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