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Dennis v. State

17 So. 3d 305, 2009 Fla. App. LEXIS 1952, 2009 WL 605356
CourtDistrict Court of Appeal of Florida
DecidedMarch 11, 2009
Docket4D07-3945
StatusPublished
Cited by12 cases

This text of 17 So. 3d 305 (Dennis v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dennis v. State, 17 So. 3d 305, 2009 Fla. App. LEXIS 1952, 2009 WL 605356 (Fla. Ct. App. 2009).

Opinion

DAMOORGIAN, J.

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.

Affirmed.

WARNER and MAY, JJ., concur.

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Bluebook (online)
17 So. 3d 305, 2009 Fla. App. LEXIS 1952, 2009 WL 605356, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dennis-v-state-fladistctapp-2009.