As the Dennis decision makes clear (its underlined in my post), the Peterson approach denying applicability of a Florida rule of criminal procedure is now law and the Dennis trial court approach discredited.(Florida Rule of Criminal Procedure 3.190(c)(3
Peterson/Dennis makes the judge, in a pre-trial hearing, both the trier of fact and law and was necessitated by the legislature's failure to provide for an immunity hearing.
Sometimes you have to read between the lines.
And, as before, when I stated "Prior to SYG" passed in 1995, there were no trial or appellate conflicts because there was no immunity provision and any motion to dismiss would be futile because any prosecutor could raise a question of material fact and win a denial of motion to dismiss.
Have a nice day - Can't we all just get along? ;-)
What specific statement of mine said or implied that?