IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORI FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD. WEST PALM BEACH FLORIDA 33401

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1 E-Copy Received Oct 29, :30 PM IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORI FOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD. WEST PALM BEACH FLORIDA BRIAN BRAGDON, DCA CASE NO.: 4D Petitioner, v. STATE OF FLORIDA, Respondent. sup oestno SUpREME CoVM PETITIONER'S NOTICE TO Il% VOKE DISCRETIONARY JURISDICTION OF THE SUPRIME COURT OF FLORIDA Notice is hereby given that Petiti er, Brian Bragdon, invokes the discretionary jurisdiction of the Supren e Court of Florida to review the decision of this Court issued and rendered on October 9, The decision, denying petitioner's petition for a writ of prohibition and or certiorari in a criminal case, is reviewable pursuant to the Supreme Court's discretionary jurisdiction to review "any decision of L district court of appeal that... is certified by it to be in direct conflict with a decision of another district court of appeal", art. V, 6 3(b)(4), Fla. Const.; art. V, G 3(b)(3), Fla. Const; State v. Vickery, 961 So.2d 309, 311 (Fla 2007), in that - 1

2 the decision in the instant case was certified by the Fourth District Court of Appeal to be in direct conflict with the Second District Court of Appeal's opinion in Little v. State, 11 So.3d 214 (Fla. 2"d DCA 2013), "on the issue of whether a defendant engaged in "unlawful activity" is precluded from claiming self defense immunity from prosecution." Bragdon v. State, 2013 WL (Fla. 4'" DCA 2013) lespectfully submitted, 1::/ JacR A. Pfeischman Jack A. Fleischman F leischman & Fleischman, P.A Palm Beach Lakes Blvd. Suite 403 West Palm Beach, Florida Phn Fax jf@ffjustice.com CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Notice was ed to: Palm Beach County S ate Attorney's Office, Attn: ASA Byran Poulton, bpoulton@sal5.org; Attorney General's Office, Criminal Appeals Division, crimappwpb@myfloridalegal.com, this 199 day of October, cc: Client / Kevin Anderson, Esq. By /s/ 9 ack A. Tfeischman Jack A. Fleischman - 2

3 PER CURIAM. DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DIS''RICT July Term 2913 BRIAN BRAGDON, Petitione., v. STATE OF FL )RIDA, Responde it. No. 4D [October 9, 2013] The petition for writ of prohibition or certic ari is denied based on State v. Hill, 95 So. 3d 434, 435 (Fla. 4th DCA 2012), whici holds that "the defendant's crime of possession of a firearm by a convicted felon precludes him from seeking immunity under the Stand Your Ground law." We certify that this decision expressly conflicts with Little v. State, 111 So. 3d 214 (Fla. 2d DCA 2013), on the issue of whether a defendant engaged in "unlawful activity" is precluded froin claiming self defense immunity from prosecution. Petition denied. Conflict certified. DAMOORGIAN, C.J., GROSS and GERBER, JJ., concur. * * * Petition for writ of prohibition or certiorari t( the Fifteenth Judicial Circuit Court for the Fifteenth Judicial Circuit, Palm Beach Coun y; Charles E. Burton, Judge; L.T. Case No CF008478AXXXXMB. Jack A. Fleischman of Fleischman & Fleischman, P.A., West Palm Beach, for petitioner. No response required for respondent. Notfinal until disposition oftimelyfiled mot on for rehearing.

4 FOURTH DISTRICT COURT OF APPEAL 1525 PALM BEACH LAKES BLVD. WEST PALM BEACH, FLORIDA (561) November FILED JOHN A. TOMASINO Re: Brian Bragdon v. State of Florida Case No: 4D NOV Trial Court No.: CF008478AXXXXMB Trial Court Judge: Charles E. Burton Dear Mr. Hall: CLEIUC,SUPREME COURT BY Attached is a certified copy of a Notice to Invoke Discretionary Jurisdiction to the Supreme Court of Florida pursuant to Rule 9.120, Florida Rules of appellate Procedure. Attached also is this Court's opinion or decision relevant to this case. The filing fee prescribed by Section (3), Florida Statutes, was received by this court and will be mailed. The filing fee prescribed by Section (3), Florida Statutes, was not received by this court. Petitioner/Appellant has been previously determined insolvent by the circuit court or our Court. Petitioner/Appellant has already filed, and this c3urt has granted, petitioner/appellant's Motion to proceed without payment of costs in t iis case _ Petitioner/Appellant filed Notice via EDCA and the fee has not been received by this court No filing fee is required in the underlying case in thin court because it was: A Summary Appeal (Rule 9.141) From the Unemployment Appeals Comr iission A Habeas Corpus Proceeding A Juvenile case Other If there are any questions regarding this matter, please do not hesitate to contact this Office. Sincere y, MARILYN BEUTTENMULLER Clerk of the Court By: Sherry Pa Deputy Clerk

5 I hereby certify that the above and foregoing is a true copy of instrument filed in my office. MARILYN BEUTTENMUL.ER, CLERK DISTRICT COURT OF APP 3AL OF FLORIDA, FOURfil DISil ICT Per De ny L lerk