Mocio v. State

SILBERMAN, Chief Judge.

Pawel Mocio seeks second-tier certiorari review of the circuit court’s order denying his petition for writ of prohibition. Mocio sought the writ of prohibition after the county court rejected his claim of immunity from criminal prosecution under the “Stand Your Ground” law and denied his motion to dismiss a domestic battery charge. We grant the petition because the circuit court applied the incorrect law in determining that prohibition is not a proper vehicle for reviewing orders denying motions to dismiss which assert immunity from criminal prosecution.

Mocio was…