STEVEN LAX
v.
CARMINE MARCENO, SHERIFF OF LEE COUNTY
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The appellate court granted Steven Lax's petition for a writ of habeas corpus, finding that the trial court failed to make a required finding regarding conditions of release when ordering pretrial detention. The case clarifies the specific findings necessary under Florida Statute section 907.041(4)(c)(5) for pretrial detention based on a threat to the community.
Yes, the trial court erred by failing to make the required finding regarding the insufficiency of release conditions. Therefore, the pretrial detention order was improperly granted without this essential finding.
[1] A court may order pretrial detention based on a defendant posing a threat of harm to the community only if it finds that there are no conditions of release reasonably suf…
[2] A trial court's pretrial detention order must contain findings of fact and conclusions of law to support it, either in writing or orally on the record.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Thus, in order for a court to conclude that a defendant poses a threat of harm to the community under section 907.041(4)(c)(5), the court must make findings that each of the criteria set forth in section 907.041(4)(c)(5) have been met.”
Establishes the mandatory nature of all criteria in the statute for concluding a defendant poses a threat to the community.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceSteven Lax was charged with several serious crimes and the State moved for pretrial detention, arguing he posed a threat to the community. The trial c…
The full statement of facts, procedural history, and disposition for this case are member content.
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MIZE, J.
Petitioner, Steven Lax (“Lax”), was arrested and subsequently charged by Information with: (1) First-Degree Burglary While Armed (Structure) With A Firearm; (2) Aggravated Battery with a Deadly Weapon; (3) Aggravated Assault with a Deadly Weapon; and (4) Kidnapping. The State filed a Motion for Pretrial Detention pursuant to section 907.041(4)(c)(5), Florida Statutes (2019). At the hearing on the motion, the trial court found that Lax posed a threat of harm to the community under section 907.041(4)(c)(5). The trial court granted the State’s motion. In his Amended Emergency Petition for Writ of Habeas Corpus, Lax argues, among other things, that the trial court failed to make a finding that there are no conditions of release reasonably sufficient to protect the community from the risk of physical harm to persons posed by Lax. We agree with Lax on this point.1 Section 907.041(4)(c)(5) provides:
(c) The court may order pretrial detention if it finds a substantial probability, based on a defendant’s past and present patterns of behavior, the criteria in s. 903.046, and any other relevant facts, that any of the following circumstances exist: … 5. The defendant poses the threat of harm to the community. The court may so conclude, if it finds that the defendant is presently charged with a dangerous crime, that there is a substantial probability that the defendant committed such crime, that the factual circumstances of the crime indicate a disregard for the safety of the community, and that there are no conditions of release reasonably sufficient to protect the community from the risk of physical harm to persons.
§ 907.041(4)(c)(5), Fla. Stat. (2019) (emphasis added). Thus, in order for a court to conclude that a defendant poses a threat of harm to the community under section 907.041(4)(c)(5), the court must make findings that each of the criteria set forth in section 907.041(4)(c)(5) have been met. Florida Rule of Criminal Procedure 3.132(c)(2) reiterates this requirement. Fla. R. Crim. P. 3.132(c)(2) (“The court’s
pretrial detention order…shall contain findings of fact and conclusions of law to support it. The order shall be made either in writing or orally on the record.”); see also § 907.041(4)(i), Fla. Stat. (2019) (same).
At the hearing on the Motion for Pretrial Detention, the trial court orally made several of the required findings. It made no oral finding, however, regarding whether there were conditions of release reasonably sufficient to protect the community from the risk of physical harm to persons posed by Lax. The trial court’s written order is devoid of any finding on that issue.
For these reasons, we grant the Petition and order the trial court to perform a new hearing on the Motion for Pretrial Detention on an expedited basis. At the hearing, the trial court must make a finding as to whether any conditions of release are reasonably sufficient to protect the community from the risk of physical harm to persons posed by Lax. SASSO, C.J., and WHITE, J., concur. Robert P. Harris, of The Robert Harris Law Firm, Fort Myers, for Petitioner. Ashley Moody, Attorney General, Tallahassee and Laura Dempsey, Assistant Attorney General, Tampa, for Respondent.