Dennis v. State

District Court of Appeal of Florida

Decided March 11, 2009

District Court of Appeal of Florida · decided 2009-03-11

Cited by 10 later decisions — most recently July 2015

10 state decisions

Key passage — most relied on by later courts

“Only one of the issues warrants discussion; that is, whether the trial court erred in denying Dennis’s motion to dismiss on his claim of statutory immunity brought under section 776.032, Florida Statutes, because there were disputed issues of material fact. We find no error in the trial court’s decision to deny the motion to dismiss. As we recognized in Velasquez v. State, 9 So.3d 22 (Fla. 4th DCA 2009), a motion to dismiss based on statutory immunity is properly denied when there are disputed issues of material fact. Accordingly, we affirm.”

quoted by 1 later decision, including 51 So. 3d 456 - Dennis v. State

Relies on Velasquez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2009-03-11

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DAMOORGIAN, J.

¶1 Clarence Dennis appeals his conviction and sentence for felony battery. He raises two issues on appeal, and we affirm as to both issues. Only one of the issues warrants discussion; that is, whether the trial court erred in denying Dennis’s motion to dismiss on his claim of statutory immunity brought under section 776.032, Florida Statutes, because there were disputed issues of material fact. We find no error in the trial court’s decision to deny the motion to dismiss. As we recognized in Velasquez v. State, 9 So.3d 22 (Fla. 4th DCA 2009), a motion to dismiss based on statutory immunity is properly denied when there are disputed issues of material fact. Accordingly, we affirm.

¶2 Affirmed.

WARNER and MAY, JJ., concur.