facially sufficient prima facie claim in Florida

2022In State v. Moore, 337 So. 3d 876 , 882 (Fla. 3d DCA 2022), the Third District recently reversed a similar dismissal under section 776.032(4) because the defendant did not “allege the necessary conduct, statements, sequence, timing, and other circumstances surrounding the relevant actions.” This was notwithstanding allegations “in conclusory fashion” that the defendant “acted in self-defense.” Id. “[A] defendant is still required to ‘allege a facially sufficient prima facie claim of justifiable use of force under chapter 776 in a motion to dismiss filed under rule 3.190(b) and present argument

2021Instead, a defendant must “simply allege a facially sufficient prima facie claim of justifiable use of force under chapter 776 in a motion to dismiss filed under rule 3.190(b) and present argument in support of that motion at a pretrial immunity hearing.” Id. at 1028–29.

2022See also Langel v. State, 255 So. 3d 359, 362 (Fla. 4th DCA 2018) (“To raise a ‘prima facie claim of self-defense immunity from criminal prosecution’ under section 776.032(4), a defendant must show that the elements for the justifiable use of force are met.”) Section 776.012(2), Florida Statutes (2016) (“Use or threatened use of force in defense of person”) provides: 9 A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or