Viera v. State

Eduardo Enrique Viera petitions this Court for a writ of prohibition seeking review of the circuit court’s order denying his motion to dismiss pursuant to Section 776.032, Florida Statutes (2011), the criminal charges of attempted murder with a deadly weapon and/or aggravated battery. We deny the petition for writ of prohibition.

Viera was charged with attempted murder for assaulting Richard Osorio with a screwdriver. ' Prior to trial, Viera claimed immunity from prosecution pursuant to section 776.032(1), Florida Statutes (2011).1 At a pretrial evidentiary hearing to determine the factual…