Sample Florida “Stand Your Ground” Motion for Declaration of Immunity
The following sample Florida “Stand Your Ground” Motion for Declaration of Immunity
and Dismissal is provided for general reference only, and is not intended as a substitute
for legal advice or for legal representation by a qualified Jacksonville, FL criminal
If you are an attorney and you intend to use any portion of these materials, please
be courteous and bookmark or link to our web site.
IN THE COUNTY COURT IN AND FOR BREVARD COUNTY, FLORIDA EIGHTEENTH JUDICIAL CIRCUIT
STATE OF FLORIDA,
Plaintiff, CASE NO. 05-2011-MM-025488-AXXX
JOHNNICE L. CANNON,
MOTION FOR DECLARATION OF IMMUNITY AND DISMISSAL
Defendant, JOHNNICE L. CANNON, by and through her undersigned attorney and pursuant
to Section 776.032, Florida Statutes (2011), and Rule 3.190(c)(4), Florida Rules
of Criminal Procedure, moves this Honorable Court to: (1) declare that Defendant
is immune from further prosecution in the above-styled cause, and (2) dismiss the
criminal Information filed herein. In support of this Motion, Defendant states as
1. On or about April 11, 2011, Ryan Sewell (Mrs. Sewell), the alleged victim in the
above-styled cause, unlawfully and forcefully entered Defendant’s residence, located
at 5336 San Sebastian Way, Apartment H203, Rockledge, Brevard County, Florida 32955.
2. At all times material, Defendant used only defensive force to repel Mrs. Sewell’s
advance into Defendant’s residence.
3. Mrs. Sewell had no right to enter or be present in Defendant’s apartment, and
was not a lawful resident of Defendant’s apartment.
4. Based on the facts presented in the above-styled case, Defendant asserts that
she is immune from criminal prosecution pursuant to Sections 776.013 and 776.032,
Florida Statutes (2011).
5. Section 776.032 was created by the Legislature to establish a true immunity and
not merely an affirmative defense. Peterson v. State, 983 So. 2d 27, 29 (Fla. 1st
DCA 2008). When immunity under this law is properly raised by a defendant, the trial
court must decide the matter by confronting and weighing only factual disputes. The
trial court may not deny a motion simply because factual disputes exist. A defendant
may raise the question of statutory immunity pre-trial and, when such claim is raised,
the trial court must determine whether the defendant has shown by a preponderance
of the evidence that immunity attaches. Id.
6. In Gray v. State, 13 So. 2d 114 (Fla. 5th DCA 2009), the Fifth District Court
of Appeal adopted the procedures outlined above in Petersen, and concluded that the
right to immunity from criminal prosecution afforded by Section 776.032 (commonly
known as the “stand your ground law”) is to be determined by the trial court after
an evidentiary proceeding in which the criminal defendant has the burden of proof
by a preponderance of the evidence. Id. at 114.
WHEREFORE, Defendant moves this Honorable Court to declare that Defendant is immune
from further criminal prosecution in the above-styled cause and to dismiss the criminal
Information filed herein.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
by mail/courier/hand delivery to the Office of the State Attorney, 2725 Judge Fran
Jamieson Way, Building D, Viera, Brevard County, Florida, this ____ day of June 2011.