Brown v. State

Petitioner seeks a writ of prohibition following the trial court’s denial of his pretrial motion to determine immunity from criminal prosecution, pursuant to section 776.032, Florida Statutes.1 By his own *1161admission at the motion hearing, Petitioner was engaged in the unlawful activity of a sale of a controlled substance when he fled the scene and exchanged gunfire with the buyers as he retreated. One of the buyers was shot and killed, resulting in a charge of murder against Petitioner.

Petitioner’s pre-trial motion sought the statutory immunity provided for in section 776.032(1), Florida…