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PENALVER v. STATE

No. 3D21-1879.

338 So.3d 990 (2022)

Guillermo PENALVER, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

Opinion filed February 2, 2022.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Deborah Prager , Assistant Public Defender, for petitioner.

Ashley Moody , Attorney General, and David Llanes , Assistant Attorney General, for respondent.

Before FERNANDEZ, C.J., and LOGUE, and BOKOR, JJ.

Guillermo Penalver seeks a writ of certiorari quashing the trial court's order denying his motion to dismiss based on stand your ground immunity filed pursuant to section 776.032, Florida Statutes (2020). The trial court, based on its conclusion that Penalver's motion below was not sworn and did not rely on record evidence, together with Penalver...

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