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2nd DCAJanuary 20, 2023Petition Granted; Order Quashed⭐ Notable

Jimenez v. State

Case No. 22-1792

The Second DCA granted certiorari and quashed an order denying Jimenez's Stand Your Ground motion to dismiss, holding the trial court applied an incorrect legal standard by concluding that an admission of unlawful activity (carrying a concealed firearm without a license) was automatically fatal to the immunity claim. The court held that even when a movant concedes engaging in unlawful activity, he may still be entitled to immunity if he alleges facts showing no ability to retreat or terminate the encounter before using deadly force, and that allegation triggers the right to an evidentiary hearing.

Key facts

  • Jimenez was charged with a crime after carrying a concealed firearm without a license and used deadly force during an encounter.
  • Jimenez filed a Stand Your Ground motion to dismiss claiming immunity, which the trial court denied solely based on his admission of unlawful firearm possession.
  • +2 more key facts with a free trial

Why it matters

This decision reinforces and applies Garcia v. State's rule that a defendant's concession of unlawful activity does not, standing alone, defeat a Stand Your Ground immunity motion if the motion also alleges facts… — full analysis with a trial

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