ah but stand your ground was passed to prevent juries from making an emotional choice to in essence prevent a criminal prosecution but still throw a defendant to the civil trial attorney sharks.
If a finding on stand your ground is always going to require a fact finding then no judge will ever have to make a hard choice and it will always be punted to the jury when it should have been decided as a matter of law.
I am now wondering if this would be a matter that would allow an interlocutory appeal. (appeal before the final conclusion of the case)
Running out the door and would have to research it later - but my understanding is that the issue of whether Florida Statutes 776.012 or 776.041 (the SYG and SYG if aggressor provisions) are applicable are subject to interlocutory appeals.
And you're clearly right. On the determination of whether those provisions of Chapter 776, the legislature has pulled the decision from a jury and made it a judicial decision.