ZENON MARTINEZ, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The trial court's order of pretrial detention cannot stand because the State failed to prove that no reasonable conditions of release would secure the defendant's appearance at trial.
Martinez, charged with felony driving with a suspended license, failed to appear for trial after obtaining a continuance. Following his arrest, the tr…
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PER CURIAM.
By previous order, we granted Zenon Martinez’ writ of habeas corpus and directed the trial court to hold a hearing to consider pretrial release on bond or other reasonable conditions. This opinion follows.
Martinez is charged with felony driving with a suspended license. He obtained a continuance of his trial and permission to leave the country to visit his son, but failed to appear in court on the new trial date. After his arrest on the warrant that was issued when he failed to appear, Martinez filed a motion with the trial court for pretrial release.
At the hearing on Martinez’ motion, the State took no position on the question of whether there were any reasonable conditions of release that would guarantee Martinez’ appearance at trial. Based on a review of Martinez’ traffic court record, the trial court made the finding that “for the most part, he shows for his tickets but he doesn’t bother to pay them.... ” The court denied Martinez’ motion.
The trial court has the authority to arrest and commit a defendant on pretrial release for failure to appear in court; however, refusing to impose any conditions of release thereafter constitutes pretrial detention, the need for which the State must prove beyond a reasonable doubt. Section 907.041, Fla. Stat. (1997); Fla. R.Crim. P. 3.131; 3.132 (1998). Where, as here, the defendant is held without bond on an offense which is not designated a “dangerous crime,” the State must prove that there are no reasonable conditions of release that would secure the defendant’s appearance at trial. Dupree v. Cochran, 698 So. 2d 945 (Fla. 4th DCA 1997). Cf. Surdovel v. Jenne, 706 So. 2d 115 (Fla. 4th DCA 1998); Metzger v. Cochran, 694 So. 2d 842 (Fla. 4th DCA 1997); Merdian v. Cochran, 654 So. 2d 573 (Fla. 4th DCA 1995). Because the State offered no such evidence in this case, the pretrial detention-order cannot stand.
DELL, STEVENSON and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Bradshaw v. Jenne, 754 So. 2d 109 (Fla. 4th DCA 2000)…ial court concluded that the defendant was a threat not to appear for trial and that no conditions of pretrial release would reasonably assure the defendant’s presence. We do not read Winters as requiring more.1 We have considered Martinez v. State, 715 So. 2d 1024 (Fla. 4th DCA 1998), but note that in that case, there was no indication or determination that the defendant’s failure to appear was willful. In fact, the trial court found that “for the most part, he shows for his tickets but he doesn’t bother to p…
Authorities 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)
- Surdovel v. Jenne, 706 So. 2d 115 (Fla. 4th DCA 1998)
- "Melody" v. State of Fla. Dep't OF Health & Rehabilitative Servs., 706 So. 2d 115 (Fla. 4th DCA 1998)