STATE v. YAQUBIE

Nos. 3D09-999, 3D09-2093.

51 So.3d 474 (2010)

The STATE of Florida, Appellant/Respondent, v. Nadim YAQUBIE, Appellee/Petitioner.

District Court of Appeal of Florida, Third District.

Rehearing and Rehearing En Banc Denied February 9, 2011.


Attorney(s) appearing for the Case

Bill McCollum , Attorney General, and Rolando A. Soler , Assistant Attorney General, Louisville, CO, for appellant/respondent.

Hersch & Talisman and Richard Hersch , Coconut Grove, FL, for appellee/petitioner.

Before WELLS, ROTHENBERG and LAGOA, JJ.


WELLS, Judge.

Nadim Yaqubie seeks a writ of prohibition claiming immunity from prosecution under section 776.032 of the Florida Statutes (2008). The State of Florida seeks review of an order reducing the original second degree murder charge filed against Yaqubie to manslaughter. We grant the writ and remand for an evidentiary hearing to determine whether Yaqubie's immunity claim is supported by the preponderance of the evidence. We also find that the second degree...

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