Legal Opinion · Concurrence

Rudin v. State

District Court of Appeal of Florida

Decided December 22, 2015No. 1D15-0297Published

1Concurrence

BILBREY, J.,

concurring..

In a “Stand Your Ground” immunity hearing, the trial court resolves contested issues of fact in determining whether a defendant is immune from prosecution under section 766.032, Florida Statutes. Peterson v. State, 983 So.2d 27, 29 (Fla. 1st DCA 2008), app’d sub. nom. Dennis v. State,, 51 So.3d 456 (Fla.2010). Here the trial court heard testimony, had the sfick wielded by Rudin’s father admitted into evidence,- and also had photographs showing the injury to Rudin’s hand where he was struck by his father. The trial court, as finder of fact, was permitted to determine…

2Cases cited12 opinions

  1. Dennis v. StateSupreme Court of Florida · 2010
  2. Dale v. StateSupreme Court of Florida · 1997
  3. Peterson v. StateDistrict Court of Appeal of Florida · 2008
  4. Coronado v. StateDistrict Court of Appeal of Florida · 1995
  5. D.C. v. StateDistrict Court of Appeal of Florida · 1990

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