Legal Opinion

Spires v. State

District Court of Appeal of Florida

Decided December 9, 2015No. 3D14-1608PublishedCited by 6 opinions

1Opinion of the CourtRothenberg, J.

Xavier Spires (“the defendant”) petitions this Court for a writ of prohibition following the denial of his motion to dismiss the information charging him with second degree murder with á firearm, aggravated assault with a firearm, possession of a firearm by a convicted felon, and tampering with a witness, 1 pursuant to sections 776.012 and 776.032 of the Florida Statutes, commonly referred to as the Stand Your Ground immunity statutes. We deny the petition on the merits as the trial court’s factual findings are supported by competent substantial evidence, and we conclude that the trial court…

2Cases cited11 opinions

  1. Terry v. StateSupreme Court of Florida · 1996
  2. Herzog v. HerzogSupreme Court of Florida · 1977
  3. Dennis v. StateSupreme Court of Florida · 2010
  4. Jared Bretherick v. State of FloridaSupreme Court of Florida · 2015
  5. Mederos v. StateDistrict Court of Appeal of Florida · 2012

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3Cited by6 opinions

  1. Stephen Lamont Early v. State of FloridaDistrict Court of Appeal of Florida · 2017
  2. ALTON D. JOHNSON v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2019
  3. Cesar Augusto Ferrera-Discua v. State of FloridaDistrict Court of Appeal of Florida · 2019
  4. JAMES T. NADELL v. APACHULA B. HURSEYDistrict Court of Appeal of Florida · 2023
  5. State of Florida v. Reginald JacksonDistrict Court of Appeal of Florida · 2025

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