Horn v. State

CASANUEVA, Chief Judge.

Max Wesley Horn, Jr., filed a petition for writ of certiorari asking this court to quash the trial court’s order denying him immunity from prosecution. We deny the petition. However, we write to discuss and approve of the trial court’s procedures in determining that Mr. Horn was not entitled to immunity under section 776.032, Florida Statutes (2007).

Facts

On March 29, 2008, Mr. Horn shot and killed Joseph Martel, resulting in a charge of second-degree murder. Mr. Horn claimed statutory immunity based upon section 776.032, (commonly known as the “Stand Your Ground” Law),…