Legal Opinion

T.P. v. State

District Court of Appeal of Florida

Decided July 17, 2013No. 4D12-1421PublishedCited by 1 opinion

1Opinion of the CourtWarner, J.

In finding T.P., a juvenile, guilty of battery, the court rejected his self-defense claim based upon Florida’s “Stand Your Ground” law. See § 776.032, Fla. Stat. In its ruling, the court apparently determined that the statute only applied to justify the use of deadly force in the protection of one’s home or vehicle, neither of which was involved in this incident. The court erred in its construction of the statute and we reverse.

The alleged battery occurred while T.P. was riding a school bus. At the hearing on T.P.’s motion to dismiss based upon the Stand Your Ground law, a school bus driver…

2Cases cited2 opinions

  1. Leasure v. StateDistrict Court of Appeal of Florida · 2012
  2. McWhorter v. StateDistrict Court of Appeal of Florida · 2007

3Cited by1 opinion

  1. Mobley v. StateDistrict Court of Appeal of Florida · 2014

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