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Cesar Augusto Ferrera-Discua v. State of Florida, 19-0575 (2019)

Court: District Court of Appeal of Florida Number: 19-0575 Visitors: 3
Filed: Aug. 05, 2019
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D19-575 _ CESAR AUGUSTO FERRERA- DISCUA, Petitioner, v. STATE OF FLORIDA, Respondent. _ Petition for Writ of Prohibition—Original Jurisdiction. August 5, 2019 PER CURIAM. Because the evidence supporting Petitioner Ferrera-Discua’s claim of self-defense was “wildly conflicting” and the State presented clear and convincing evidence contradicting the claim, the trial court did not err in finding that Petitioner was not entitled to Stand-Your-Gr
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          FIRST DISTRICT COURT OF APPEAL
                 STATE OF FLORIDA
                  _____________________________

                          No. 1D19-575
                  _____________________________

CESAR AUGUSTO FERRERA-
DISCUA,

    Petitioner,

    v.

STATE OF FLORIDA,

    Respondent.
                  _____________________________


Petition for Writ of Prohibition—Original Jurisdiction.

                           August 5, 2019

PER CURIAM.

     Because the evidence supporting Petitioner Ferrera-Discua’s
claim of self-defense was “wildly conflicting” and the State
presented clear and convincing evidence contradicting the claim,
the trial court did not err in finding that Petitioner was not entitled
to Stand-Your-Ground immunity. Mederos v. State, 
102 So. 3d 7
,
11 (Fla. 1st DCA 2012) (affirming denial of Stand-Your-Ground
immunity where the testimony below “contradict[ed] wildly” and
the evidence showed that the defendant did not act in self-defense
when he stabbed the victim). The petition for writ of prohibition is
denied on the merits. Petitioner may present his claim for self-
defense at trial. Spires v. State, 
180 So. 3d 1175
, 1180 (Fla. 3d DCA
2015).

ROBERTS, ROWE, and KELSEY, JJ., concur.
                _____________________________

    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
               _____________________________


Office of Candace K. Brower, Criminal Conflict & Civil Regional
Counsel, Elizabeth Ann Amond, Assistant Regional Conflict
Counsel, Pensacola, for Petitioner.

Ashley Moody, Attorney General, and Damaris Reynolds,
Assistant Attorney General, Tallahassee, for Respondent.




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Source:  CourtListener

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