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Dennis v. State

District Court of Appeal of Florida, Fourth District
Mar 11, 2009
17 So. 3d 305 (Fla. Dist. Ct. App. 2009)

Summary

holding that "a motion to dismiss based on statutory immunity is properly denied when there are disputed issues of material fact"

Summary of this case from Govoni v. State

Opinion

No. 4D07-3945.

March 11, 2009.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County; Sherwood Bauer, Jr., Judge; L.T. Case No. 2006-CF 625 A.

Carey Haughwout, Public Defender, and Barbara J. Wolfe, Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.


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.


Summaries of

Dennis v. State

District Court of Appeal of Florida, Fourth District
Mar 11, 2009
17 So. 3d 305 (Fla. Dist. Ct. App. 2009)

holding that "a motion to dismiss based on statutory immunity is properly denied when there are disputed issues of material fact"

Summary of this case from Govoni v. State

affirming conviction on direct appeal

Summary of this case from Cruz v. State
Case details for

Dennis v. State

Case Details

Full title:Clarence DENNIS, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 11, 2009

Citations

17 So. 3d 305 (Fla. Dist. Ct. App. 2009)

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