DANIEL BLACKMAN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
In his petition for writ of habeas corpus petitioner contends that the trial court erred in granting the State’s motion to revoke bond. We agree and grant the petition as the trial court did not engage in the analysis set out by this court in Metzger v. Cochran, 694 So. 2d 842 (Fla. 4th DCA 1997), and Merdian v. Cochran, 654 So. 2d 573 (Fla. 4th DCA 1995).
Accordingly, consistent with Metzger and Merdian, we remand the case for farther proceedings in which the trial court should consider whether there are any conditions of release that can assure the safety of the community. If the trial court again determines that pretrial detention is necessary, it shall include the findings required by Florida Rules of Criminal Procedure 3.132(c)(2), and section 907.041(4)(h), Florida Statutes (1997), in its order as outlined in Merdian.
GLICKSTEIN, WARNER and GROSS, JJ., concur.
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State v. Paul, 783 So. 2d 1042 (Fla. 2001)…ast to the Third District’s holding, several Fourth District 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 Pau…
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Paul v. Jenne, 728 So. 2d 1167 (Fla. 4th DCA 1999)…tion for rehearing will be entertained and the clerk of 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). . Rul…
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Houser v. Manning, 719 So. 2d 307 (Fla. 3d DCA 1998)…een satisfied, except for the trial court’s failure to make statutory findings. See id. at 576-78 (Glickstein, J., concurring). Notably absent from Merdian and its progeny, 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), is any indication that the Fifth District’s Gardner decision w…
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- Merdian v. Cochran, 654 So. 2d 573 (Fla. 4th DCA 1995)
- Metzger v. Cochran, 694 So. 2d 842 (Fla. 4th DCA 1997)