Cesar Augusto Ferrera-Discua vs State of Florida

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FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D19-575 _____________________________ CESAR AUGUSTO FERRERADISCUA, Petitioner, v. STATE OF FLORIDA, Respondent. _____________________________ Petition for Writ of Prohibition—Original Jurisdiction. August 5, 2019 PER CURIAM. Because the evidence supporting Petitioner Ferrera-Discua’s claim of self-defense was “wildly conflicting” and the State presented clear and convincing evidence contradicting the claim, the trial court did not err in finding that Petitioner was not entitled to Stand-Your-Ground immunity. Mederos v. State, 102 So. 3d 7, 11 (Fla. 1st DCA 2012) (affirming denial of Stand-Your-Ground immunity where the testimony below “contradict[ed] wildly” and the evidence showed that the defendant did not act in self-defense when he stabbed the victim). The petition for writ of prohibition is denied on the merits. Petitioner may present his claim for selfdefense at trial. Spires v. State, 180 So. 3d 1175, 1180 (Fla. 3d DCA 2015). ROBERTS, ROWE, and KELSEY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Office of Candace K. Brower, Criminal Conflict & Civil Regional Counsel, Elizabeth Ann Amond, Assistant Regional Conflict Counsel, Pensacola, for Petitioner. Ashley Moody, Attorney General, and Damaris Reynolds, Assistant Attorney General, Tallahassee, for Respondent. 2

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