Felon Wants High Court To Consider "Stand Your Ground" Defense
TALLAHASSEE (CBSMiami) - The conviction of a Palm Beach County man who was not allowed to use the state's "stand your ground" self-defense law may be taken up by Florida's Supreme Court.
Last week a defense attorney filed a document which requested that the state's highest court hear the appeal from Brian Bragdon.
Bragdon was charged with two counts of attempted first-degree murder, shooting into an occupied vehicle, discharging a firearm from a vehicle and being a felon in possession of a firearm, according to the document. He argued that he fired the gun while trying to defend himself and sought to get the charges dismissed under the "stand your ground" law. But a circuit judge ruled that Bragdon was prevented from seeking immunity because he was a convicted felon in possession of a firearm at the time of the shooting.
The 4th District Court of Appeal last month also ruled against Bragdon, though it acknowledged that its decision conflicted with an opinion in another case from the 2nd District Court of Appeal.
In the document filed last week with the Supreme Court, Bragdon's attorney, Jack Fleischman, pointed to the conflicting appeals-court opinions on a "key issue that is likely to come before courts throughout this state on a regular basis." It is unclear when the Supreme Court will decide whether to hear the case.
The News Service of Florida contributed to this report.
