Velasquez v. State

The defendant filed a petition for writ of prohibition challenging the trial court’s failure to find the defendant immune under section 776.032, Florida Statutes (2008), the “Stand Your Ground” law. The defendant argues he is entitled to immunity under the statute because the trial court failed to make a probable cause finding that the force he used was unlawful. We disagree and deny the petition.

We write to clarify the procedure to be followed in handling Florida Rule of Criminal Procedure 3.190(c)(4) motions to dismiss based on section 776.032. In doing so, we certify conflict with the…