Stephen Michael Dicks v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledNovember 24, 2021
Docket1D20-2402
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-2402
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STEPHEN MICHAEL DICKS,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Union County.
Phillip A. Pena, Judge.
November 24, 2021
PER CURIAM.
AFFIRMED. See Boston v. State, 46 Fla. L. Weekly S285 (Fla.
Oct. 7, 2021) (recognizing that, where a trial court applies an
incorrect standard of proof at a pre-trial Stand Your Ground
immunity hearing, such error is cured when the State overcomes
defendant’s self-defense claim at trial under the heavier burden of
proof beyond a reasonable doubt); Dennis v. State, 51 So. 3d 456,
464 (Fla. 2010) (concluding trial court’s error was harmless
because there was “no reasonable possibility that the trial court’s
failure to make a pretrial evidentiary determination regarding
Dennis’s immunity claim contributed to Dennis’s conviction”
because the jury rejected Dennis’s self-defense claim and
“determined that the evidence established beyond a reasonable
doubt that Dennis committed the lesser included offense of felony
battery.”).
WINOKUR, 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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Jessica J. Yeary, Public Defender, Megan Lynne Long, Assistant
Public Defender, and Kathleen Pafford, Assistant Public Defender,
Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Michael L. Schaub,
Assistant Attorney General, Tallahassee, for Appellee.
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