A Florida appeals court is ordering a new trial for a woman sentenced to 20 years to prison after she fired what she calls a warning shot into a wall during a dispute with her husband.
The 1st District Court of Appeal ruled that a judge did not properly instruct the jury handling the case of Marissa Alexander.
Alexander's case in Jacksonville has drawn attention and criticism aimed at mandatory-minimum sentencing laws.
The appeals court also stated that the judge was right to block Alexander from using the state's "Stand Your Ground" law as a way to defend her actions. The State Attorney's Office said Alexander's defense under Stand Your Ground was denied because a judge found she fired the shot in anger and not in fear. They argued that the evidence shows Alexander left the house and went into the garage to grab the gun, then returned to fire it.
Attorney Bruce Zimet tells us they are trying to contact Alexander right now to notify her about the decision. He expects they will issue a press release later this afternoon, but has declined to do a recorded interview at this time.
Congresswoman Corrine Brown, a supporter of Alexander's appeal, says she is thankful to have another trial.
"She was overcharged from the beginning and I am so glad the judge is giving her a new trial".
We asked Brown if she feels this will right a wrong.
"We've got to address Stand Your Ground. If this case wasn't stand your ground, what's stand your ground?".
WOKV received a statement from State Attorney Angela Corey's office:
"The defendant's conviction was reversed on a legal technicality. The First District Court of Appeal found that Florida's Supreme Court's jury instructions were wrong. We are gratified that the Court affirmed the defendant's Stand Your Ground ruling. This means the defendant will not have another Stand Your Ground hearing. The case will be back in Circuit Court in the Fourth Judicial Circuit at the appropriate time."