DAVE SURDOVEL, PETITIONER,
v.
KEN JENNE, SHERIFF OF BROWARD COUNTY, FLORIDA, AND STATE OF FLORIDA, RESPONDENTS
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The court reversed a no-bond hold because the trial judge failed to make the statutory findings required by Florida law and did not allow the defendant to present evidence before denying bond.
A trial court's order imposing a no-bond hold is invalid when it lacks the pretrial detention findings required by statute and rule, and the defendant is denied the opportunity to present witnesses or evidence.
[1] A trial court must make specific pretrial detention findings required by statute and rule before imposing a no-bond hold, and must allow the defendant an opportunity to p…
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Join FLexlaw to unlock all legal intelligenceSurdovel was charged with felony driving with a suspended license. The trial judge found no reason to believe the defendant would not appear but concl…
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PER CURIAM.
This is a petition for a writ of habeas corpus seeking release from pretrial detention on pending charges of felony driving while a driver’s license was suspended. The trial judge found that there was no reason to believe that the defendant would not appear for further proceedings. He also concluded, however, that there were no conditions of bond that would reasonably protect the community from the risk of harm. The judge refused to set a higher bond and enforced a “no-bond hold.”
The order denying petitioner’s motion to reinstate bond did not include the pretrial detention findings required by rule 3.132(c)(2) and section 907.041(4) or any conclusions of law. § 907.041(4), Fla. Stat. (1997); Fla.R.Crim.P. 3.132(c)(2). The state did not request a no-bond hold and did not prove, beyond a reasonable doubt, any of the section 907.041 criteria. Moreover, defendant was not given the chance to present witnesses or evidence. The trial court’s order therefore is not properly based on the requirements for pretrial detention without bond. Dupree v. Cochran, 698 So. 2d 945 (Fla. 4th DCA 1997); Metzger v. Cochran, 694 So. 2d 842, 842 (Fla. 4th DCA 1997); Merdian v. Cochran, 654 So. 2d 573, 576 (Fla. 4th DCA 1995); § 907.041(4), Fla. Stat. (1997). We remand for compliance with our opinion in Merdian.
DELL, POLEN and FARMER, JJ., concur.
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State v. Paul, 783 So. 2d 1042 (Fla. 2001)…trict cases have held that the trial court’s decision to deny bond is circumscribed by the pretrial detention statute. See Lepore v. Jenne, 708 So. 2d 980 (Fla. 4th DCA 1998); Blackman v. State, 707 So. 2d 820 (Fla. 4th DCA 1998); Surdovel v. Jenne, 706 So. 2d 115 (Fla. 4th DCA 1998); Dupree v. Cochran, 698 So. 2d 945 (Fla. 4th DCA 1997); Metzger v. Cochran, 694 So. 2d 842 (Fla. 4th DCA 1997); Merdian v. Cochran, 654 So. 2d 573 (Fla. 4th DCA 1995). In Paul, Judge Taylor explained the reasoning behind the cont…
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Damsky v. Univ. OF Miami & Alan Livingstone, M.D., 152 So. 3d 789 (Fla. 3d DCA 2014)…., 862 So. 2d 745, 747 (Fla. 2d DCA 2003) (granting certiora-ri review of an order that permitted a rehabilitation clinic to conduct ex parte discussions with a patient’s treating physicians); Melody v. State Dep’t of Health & Rehabilitative Servs., 706 So. 2d 115, 116 [*793] (Fla. 4th DCA 1998) (holding certiorari review was appropriate to review an order that required a minor, in the minor’s action against the Department of Health and Rehabilitative Services, “to execute a release to allow [the Department]…
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Paul v. Jenne, 728 So. 2d 1167 (Fla. 4th DCA 1999)…this court is directed to issue mandate forthwith. PETITION GRANTED; WRIT ISSUED. FARMER and STEVENSON, JJ., concur. . Lepore v. Jenne, 708 So. 2d 980 (Fla. 4th DCA 1998); Blackman v. State, 707 So. 2d 820 (Fla. 4th DCA 1998); Surdovel v. Jenne, 706 So. 2d 115 (Fla. 4th DCA 1998); Dupree v. Cochran, 698 So. 2d 945 (Fla. 4th DCA 1997); Metzger v. Cochran, 694 So. 2d 842 (Fla. 4th DCA 1997); Merdian v. Cochran, 654 So. 2d 573 (Fla. 4th DCA 1995). . Rule 3.131(b) provides a list of factors for the court to…
Previewing 3 of 7 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Merdian v. Cochran, 654 So. 2d 573 (Fla. 4th DCA 1995)
- Metzger v. Cochran, 694 So. 2d 842 (Fla. 4th DCA 1997)
- Dupree v. Cochran, 698 So. 2d 945 (Fla. 4th DCA 1997)