Radcliffe Butler v. State of Florida

Opinion

Third District Court of Appeal State of Florida

Opinion filed September 3, 2025. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-0998 Lower Tribunal No. F22-5144 ________________

Radcliffe Butler, Petitioner,

vs.

State of Florida, Respondent.

A Case of Original Jurisdiction – Prohibition and Certiorari.

Carlos J. Martinez, Public Defender, and Jennifer Thornton, Assistant Public Defender, for petitioner.

James Uthmeier, Attorney General, and Ivy Ginsberg, Senior Assistant Attorney General, for respondent.

Before FERNANDEZ, MILLER and GOODEN, JJ.

PER CURIAM. Having reviewed the petition for writ of prohibition and finding the trial

court’s findings supported by competent, substantial evidence, it is hereby

denied. See Hoempler v. State, 406 So. 3d 1116, 1119 (Fla. 3d DCA 2025)

(“We apply a mixed standard of review in assessing whether a criminal

defendant is immune from prosecution. We review the trial court’s legal

conclusions de novo, while we review its findings of historical facts for

competent, substantial evidence.”); Figueroa v. State, 393 So. 3d 833, 834

(Fla. 3d DCA 2024) (“[T]here is substantial competent evidence in the record

to support the trial court’s determination that the State had overcome the

prima facie claim of self-defense immunity by clear and convincing evidence.

We will not substitute our judgment for that of the trier of fact.”); see also

Viera v. State, 163 So. 3d 602, 604 (Fla. 3d DCA 2015). As to the petition

for writ of certiorari, it is dismissed.