Martinez v. State

Seven weeks prior to his scheduled trial date on charges of second-degree murder and attempted second-degree murder, Rashad Stewart Martinez filed a motion asserting an entitlement to immunity under the “Stand Your Ground” law, sections 776.013 through 776.032, Florida Statutes. Martinez sought a pretrial evidentiary hearing and ruling on his motion, but concluding that there was not sufficient time to do so, the circuit court declined that request and ordered that the motion be heard during the scheduled trial. By petition for writ of mandamus, Martinez now seeks an order compelling the…