Judge: Stand Your Ground doesn't apply in gun-carry case

keysnet.com ^ | August 20, 2011 | KEVIN WADLOW

[Free ThinkerNY]

Although cleared of shooting charges in a 2007 dispute at a Key Largo trailer resort, a Hialeah man still faces a felony count of carrying the handgun he used to defend himself.

Jorge Correa, 44, must return for a November trial on a charge of carrying a concealed weapon without a permit, Monroe County Circuit Court Luis Garcia ruled Friday at the Plantation Key courthouse. Garcia denied a motion by Correa's attorneys to have the concealed-weapon charge dismissed.

Dora Sanchez, Correa's wife, said Friday's ruling took the couple by surprise. "This has become a political case," she said. "We'll keep going until everybody finds out what happened."

In April, Garcia dismissed counts against Correa of attempted murder and discharging a firearm after a violent fracas four years ago at Key Largo Ocean Resort, a gated RV park near mile marker 95.

Garcia said in his ruling that Florida's so-called Stand your Ground Law rendered Correa "immune from prosecution" on those two counts since he fired shots while being attacked.

Correa and his family believed all charges had been dismissed, including the count of carrying a concealed weapon. So did court reporters, according to a court docket from the April hearing.

"Court records at that point indicate a complete dismissal," Correa attorney Richard Hersch said.

But Assistant State Attorney Mark Wilson said Friday that while Correa legally fired a .32-caliber handgun at an attacker, "that does not decriminalize the prior action" of carrying the weapon while riding his bicycle through the community.

April's hearing focused on the two shooting charges, not the gun count, Wilson said Friday. "I don't believe the issue [of carrying a concealed weapon] was raised," the prosecutor said. "My recollection agrees with that of the state," Garcia said.

[correajustice]

A coment on my case.on head news JUDGE RULES SELF DEFENSE IN SHOOTING. august 19 and 20 my case was dismissed and immune from prosecution. based on the THE STAND YOUR GROUND LAW.I have the courts CD of the rulling on my case apri 25 2011 send by the department of court reporters office...MY E-MAIL.COMETACANVASAWNINGS@YAHOO>COM

[correajustice]

thanks for your posetive coments on my case. a letter to the editor is on the way.

[correajustice]

AM WITH YOU ON THAT ONE

[correajustice]

I WONDER THE SAME TOO

[correajustice]

your sending him to close

[correajustice]

the truth here is that this case on april 25 2011 was conpleat dismissed of all charges not count 1 and 3 and it was immuned from procecution and there is proof. as on the courts documents register of action shows case close and counts 123 dismmised. plus the courts CD proofs it too.