Gray v. State

ON MOTION FOR CERTIFICATION

GRIFFIN, J.

After having denied the petition for writ of certiorari, we now have this case on a Motion for Certification of a Question of Great Public Importance, to wit:

In determining a defendant’s motion to dismiss on the grounds of immunity from prosecution under § 776.032 Florida Statutes, what is the procedure the trial court must follow, what is the correct allocation of the burden of proof, and what standard of proof must a party meet in order to carry the burden allocated to him or her?

The question arises in light of two recent decisions by our sister courts.…