Guida v. State
Guida sought Stand Your Ground immunity from a domestic battery charge involving his son, but the trial court orally denied the motion without resolving the conflicting factual accounts presented at the evidentiary hearing. The Fifth DCA granted the writ of prohibition, holding that the trial court's ruling failed to reflect that the State had met its clear and convincing burden under section 776.032(4), and remanded with instructions to find the petitioner immune as to that count.
Key facts
- Guida sought Stand Your Ground immunity under section 776.032(4) from a domestic battery charge involving his son.
- At the evidentiary hearing on the immunity motion, conflicting factual accounts were presented regarding whether Guida was justified in his use of force.
- +2 more key facts with a free trial
Why it matters
This opinion reinforces that trial courts must explicitly resolve conflicting factual accounts when ruling on Stand Your Ground immunity motions, and that an unelaborated denial—especially one that doesn't demonstrate… — full analysis with a trial
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