Constructive Possession of Drugs

Dec 11, 2019

Appellant, Andrew James Sims, appeals his convictions and sentences for trafficking in amphetamine or methamphetamine (28 grams or more, but less than 200 grams); possession of cocaine; sale, manufacture, delivery, or possession of cannabis (more than 20 grams); and possession of drug paraphernalia. Appellant argues that the trial court erred by denying his motion for […]

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Immunity, Stand Your Ground

Dec 09, 2019

Immunity — Stand Your Ground law. The defendant was charged with domestic battery for striking minor son of his girlfriend in the head during altercation over his use of girlfriend’s EBT card. The defendant’s requests for immunity and dismissal pursuant to section 776.032 are granted. State failed to prove that defendant was not entitled to […]

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Immunity, Stand Your Ground law

Sep 20, 2019

The Trial court erred in dismissing charges against defendant based on finding that defendant’s discharging of a firearm was a justifiable use of deadly force. The Defendant was not entitled to statutory immunity under section 776.032 where defendant was engaged in criminal activity at the time defendant discharged the firearm. The video evidence of incident, […]

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