D.K.T., a Juvenile v. the State of Florida

• Court: District Court of Appeal of Florida
• Decided: October 30, 2024
• Docket: 3D2024-1208
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed October 30, 2024. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D24-1208 Lower Tribunal No. J23-1328A ________________

D.K.T., a juvenile, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Dawn Denaro, Judge.

Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Daniel Colmenares, Assistant Attorney General, for appellee.

Before EMAS, FERNANDEZ and BOKOR, JJ.

PER CURIAM. Affirmed. See § 776.012(1), Fla. Stat. (2023) (providing in pertinent

part: “A person is justified in using or threatening to use force, except deadly

force, against another when and to the extent that the person reasonably

believes that such conduct is necessary to defend himself or herself or

another against the other's imminent use of unlawful force.”) (emphasis

added); K.S.H. v. State, 56 So. 3d 122, 124 (Fla. 3d DCA 2011) (“We review

de novo the trial court's decision denying the motion for judgment of

dismissal, but we view the evidence, and all reasonable inferences from the

evidence, in a light most favorable to the State (as the prevailing party), to

determine whether there is substantial, competent evidence to support the

factfinder's determination.”) (citation omitted). See also id. at 124-25

(“Ordinarily, whether the use of force (and whether the amount of force used)

was justified is a question to be determined by the trier of fact. . . . Thus the

trier of fact must necessarily determine whether the use of any force was

justified under the circumstances, and, if so, whether the amount of force

used was justified under the circumstances.”) (citations omitted); Lambrix v.

State, 39 So. 3d 260, 269 (Fla. 2010) (“Appellate courts do not ‘reweigh the

evidence or second-guess the circuit court's findings as to the credibility of

witnesses.’”) (quoting Nixon v. State, 2 So. 3d 137, 141 (Fla. 2009))

(additional quotation omitted).