RUFUS HAMPTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By (12 total)

• Homerding v. Jenne, 804 So. 2d 349 (Fla. 4th DCA 2001)
  …his plea was entered and withdrawn, the State filed its motion for pretrial detention which the trial court granted. We grant Hom-erding’s petition for writ of habeas corpus and remand for reinstatement of the original bond. In Montgomery v. Jenne, 744 So. 2d 1148, 1149 (Fla. 4th DCA 1999), this court explained that increasing a defendant’s bond is improper unless the state shows that the increase is warranted by information not available to the committing magistrate who set the initial bond. See Bowers [v.…
• Griffin v. McRAY, 890 So. 2d 341 (Fla. 3d DCA 2004)
  …onte order revoking his pretrial release and incarcerating him with a $100,000 bond for drug purchase and possession charges. We grant the petition. The trial court was without authority to increase the bond on its own motion. Montgomery v. Jenne, 744 So. 2d 1148, 1149 (Fla. 4th DCA 1999). Florida Rule of Criminal Procedure 3.131(d)(2) permits the state to apply for modification of bail by showing good cause and with at least three (3) hours notice to the attorney for the defendant. Here, the state never sou…
• Faella v. State, 90 So. 3d 995 (Fla. 5th DCA 2012)
  …Petitioner seeks a writ of habeas corpus challenging the trial court’s sua sponte modification of bond from $5,000 to $500,000 on Count I. We grant the petition. A trial court is without authority to sua sponte increase bond. Montgomery v. Jenne, 744 So. 2d 1148, 1149 (Fla. 4th DCA 1999). Florida Rule of Criminal Procedure 3.131(d) permits the State to seek modification of bond by showing good cause and with at least three hours’ notice to defendant’s counsel. “The State must prove ‘a change in circumstance…