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MARTINEZ v. STATE

No. 1D10-3974.

44 So.3d 1219 (2010)

Rashad Stewart MARTINEZ, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

September 30, 2010.

Attorney(s) appearing for the Case

Maggie Jo Hilliard of the Law Office of Maggie Jo Hilliard, P.A., Atlantic Beach, Florida, for Petitioner.

Bill McCollum , Attorney General, and Thomas H. Duffy , Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

Seven weeks prior to his scheduled trial date on charges of second-degree murder and attempted second-degree murder, Rashad Stewart Martinez filed a motion asserting an entitlement to immunity under the "Stand Your Ground" law, sections 776.013 through 776.032, Florida Statutes. Martinez sought a pretrial evidentiary hearing and ruling on his motion, but concluding that there was not sufficient time to do so, the circuit court declined that request and...

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