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
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-Gro..
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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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