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JOSEPH v. STATE

No. 4D12-2585.

103 So.3d 227 (2012)

Leon Balfour JOSEPH, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

December 12, 2012.

Attorney(s) appearing for the Case

Michael Hursey of Michael Hursey, P.A., Fort Lauderdale, for petitioner.

Pamela Jo Bondi , Attorney General, Tallahassee, and Don M. Rogers , Assistant Attorney General, West Palm Beach, for respondent.

HAZOURI, J.

Petitioner, Leon Balfour Joseph, seeks a writ of prohibition to review before trial the denial of his motion to dismiss. Petitioner's motion claimed immunity from prosecution based on the 2005 Stand Your Ground amendment to the self-defense law. § 776.032, Fla. Stat. (2012) (providing that a person who justifiably uses force is immune from criminal prosecution which includes "arresting, detaining in custody and charging or prosecuting the defendant...

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