final until disposition of any timely and authorized motion
under Fla. R. App. P. 9.330 or 9.331.
Petition for Writ of Prohibition-Original Jurisdiction.
Joseph Carbone III, St. Augustine; Sonya Rudenstine,
Gainesville; for Petitioner.
Moody, Attorney General, Steven Edward Woods, Assistant
Attorney General, Tallahassee; Sheena H. Rickerson, Assistant
State Attorney, Live Oak; for Respondent.
seeks a writ of prohibition to reverse the trial court's
order denying her motion for immunity under sections
776.032(1), 776.012, and 776.013, Florida Statutes, arguing
that Petitioner was justified in using force against the
victim, because she reasonably believed such force was
necessary to defend herself from the victim's imminent
use of unlawful force. We affirm.
trial court conducted a hearing where witnesses testified as
to what occurred and security footage of the incident was
played. The incident occurred at a country music festival
that the victim, Petitioner, and Petitioner's husband
attended. The victim knew Petitioner and her husband prior to
the night of the altercation. The altercation began in the
venue parking lot after the concert when the victim
approached a golf cart Petitioner was sitting on. The victim
sat down next to Petitioner and their initial conversation
was amicable. However, when the victim mentioned an incident
from eight years earlier that involved the victim's
then-husband and Petitioner, Petitioner's whole attitude
shattered a beer bottle she was holding to create a
sharp-edged weapon and grabbed the victim by the throat with
her free hand. Petitioner struck the victim in the arm with
the shattered bottle, and the victim backed up and put her
arms up to block Petitioner. The victim held Petitioner and
fought back while Petitioner stabbed her with the broken
bottle and said, "You want some of this? You want to try
me? You want some of this b----?"
the altercation, Petitioner's husband came up behind the
victim, grabbed her, and threw her to the ground, laid on top
of her and said, "You f---ing b----, you'll never
hit my wife again." Petitioner began striking the victim
in her face and the victim felt "burning and
stinging." Petitioner's husband stopped hitting the
victim when a woman told him to stop; Petitioner then began
to walk away, saying "We got to go. She's bleeding
the altercation, the victim spent four days in the hospital.
Hospital employees told her that she lost four or five liters
of blood. She had plastic surgery to repair her face, ear,
and throat. Some of her facial nerves had been cut. She had
two surgeries to repair her vocal cords, and one still does
not work. She has scars on her face, ear, neck, chest, and
the hearing, the trial court entered an order denying
Petitioner's "Motion for Determination of Immunity
for Prosecution." The court found that based on witness
testimony and the security footage, the victim did not
present a reasonable threat of imminent death or great bodily
harm or the commission of a forcible felony, therefore,
Petitioner was not justified in her use of force against the
Stand Your Ground law confers immunity from prosecution if an
individual uses deadly force in accordance with section
776.012(2), Florida Statutes." Fletcher v.
State, 273 So.3d 1187, 1189 (Fla. 1st DCA 2019); §
776.032(1), Fla. Stat. (2018). Section 776.012(2), allows an
individual to use or threaten to use deadly force "if he
or she reasonably believes that using or threatening to use
such force is necessary to prevent imminent death or ...