Lee Jr. Rodarte v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJanuary 27, 2021
Docket1D19-3060
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D19-3060
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LEE JR. RODARTE,
Petitioner,
v.
STATE OF FLORIDA,
Respondent.
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Petition for Writ of Prohibition—Original Jurisdiction.
January 27, 2021
PER CURIAM.
Lee Jr. Rodarte petitions this Court for a writ of prohibition
following the trial court’s denial of his motion to dismiss a second-
degree murder charge based on immunity provided by section
776.032, Florida Statutes, otherwise known as the “Stand Your
Ground” law. Petitioner asserts he is immune from prosecution
because he acted in self-defense. The trial court held an immunity
hearing where the State presented evidence and testimony, after
which the trial court determined that the State had met its burden
of proving by clear and convincing evidence that Petitioner is not
entitled to immunity. Because competent, substantial evidence
supports the trial court’s decision, we deny the petition for writ of
prohibition on the merits. See Gainey v. State, 292 So. 3d 1287,
1287–88 (Fla. 1st DCA 2020); Ferrera-Discua v. State, 276 So. 3d
520 (Fla. 1st DCA 2019).
DENIED.
ROBERTS, NORDBY, and TANENBAUM, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Charles G. Cofer, Public Defender, and Sandra Kaye Young,
Assistant Public Defender, Jacksonville, for Petitioner.
Ashley Moody, Attorney General, and Steven E. Woods, Assistant
Attorney General, Tallahassee, for Respondent.
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