ELTON YOUNG, PETITIONER,
v.
ROBERT NEUMANN, SHERIFF, PALM BEACH COUNTY, AND HONORABLE RICHARD WENNET, CIRCUIT COURT JUDGE, FIFTEENTH JUDICIAL CIRCUIT, RESPONDENTS
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Habeas corpus petition granted because the state failed to establish that proof of guilt was evident or presumption great for robbery with a firearm, requiring remand for reconsideration of pretrial release.
When the state fails to establish that proof of guilt is evident or the presumption great for a crime with no automatic bond right, the trial court must reconsider pretrial release under the applicable rules.
[1] When a defendant is charged with an offense for which there is no automatic right to release on bond, the state must establish by the probable cause affidavit that proof…
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Join FLexlaw to unlock all legal intelligenceElton Young was charged with robbery with a firearm (originally charged with felony murder). The trial court denied his motion for release on bond.…
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PER CURIAM.
Elton Young filed a petition for writ of habeas corpus challenging the trial court’s denial of his motion for release on bond in his prosecution for robbery with a firearm.
Petitioner is charged with an offense for which there is no automatic right to release on bond if the state established that the proof of his guilt was evident or the presumption great.1 See Art. 1, Section 14, Fla. Const.; Fla.R.Crim.P. 3.131(a); State v. Arthur, 390 So. 2d 717 (Fla.1980). Here, the state has failed to make the requisite showing, based on the probable cause affidavit alone, that the proof was evident or the presumption of guilt great as to robbery with a firearm. See also State ex rel. Van Eeghen v. Williams, 87 So. 2d 45 (Fla.1956); Kirkland v. Fortune, 661 So. 2d 395 (Fla. 1st DCA 1995); State v. Perry, 605 So. 2d 94, 97 (Fla. 3d DCA), rev. denied, 613 So. 2d 9 (Fla.1992).
We grant this petition for writ of habeas corpus and remand to the trial court with direction that the court consider pretrial release under rule 3.131, Florida Rule of Criminal Procedure, or, upon proper motion by the state, pretrial detention under rule 3.132, Florida Rule of Criminal Procedure and Section 907.041, Florida Statutes (1999).
PETITION GRANTED; CAUSE REMANDED.
WARNER, C.J., DELL and TAYLOR, JJ., concur. . Petitioner was originally charged with felony murder, but the state filed an amended information charging robbery with a firearm.
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Citator
Cited By
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Preston v. Sheriff David GEE, 133 So. 3d 1218 (Fla. 2d DCA 2014)…conditions of pretrial release under rule 3.131 or, upon proper motion by the State, conduct the appropriate hearing to determine in accordance with this opinion whether Preston may be detained pursuant to rule 3.132 or Arthur. See Young v. Neumann, 770 So. 2d 205 (Fla. 4th DCA 2000). Petition granted. WALLACE, J., Concurs. MORRIS, J., Concurs in result only. . Regardless of whether the circuit court has subsequently revisited the question whether Preston should be detained or granted pretrial release, th…
Authorities Cited
- State v. Arthur, 390 So. 2d 717 (Fla. 1980)
- Robertson v. State, 605 So. 2d 94 (Fla. 4th DCA 1992)
- State of Fla. ex rel. Philip van Eeghen v. Williams, 87 So. 2d 45 (Fla. 1956)
- State v. Perry, 605 So. 2d 94 (Fla. 3d DCA 1992)
- Kirkland v. Fortune, 661 So. 2d 395 (Fla. 1st DCA 1995)