BRIAN ONEIL HOLLOWAY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that a petition for writ of habeas corpus is denied because the petitioner's bail had already been set and he did not properly seek a reduction.
Holloway was arrested and charged with drug trafficking and conspiracy. His bail was set at $500,000. He later filed a motion to set bond, falsely sta…
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PER CURIAM.
Brian Oneil Holloway petitions this court for a writ of habeas corpus, alleging that his motion to set bond was improperly denied by the trial court without a hearing. Since the record reflects that Holloway’s bail had already been set, we deny the petition.
Holloway was arrested and charged with trafficking in cocaine and conspiracy to traffic in cocaine, both in amounts which exceeded 400 grams. Holloway’s bail was initially set at $500,000 and remained at $500,000 following his first appearance. After the State amended its information to include two grand theft auto charges, Holloway filed a motion to set bond which falsely stated that no bail had yet been set. The circuit court denied the motion without a hearing. Holloway filed a motion for reconsideration in which he conceded that his bond had been set in the amount of $500,000. Not only was Holloway’s motion for reconsideration not authorized by rule 3.131 of the Florida Rules of Criminal Procedure, the motion was improperly based upon an allegation not contained in the original motion. A motion for reconsideration cannot properly be used as a vehicle to correct mistakes or errors contained in earlier pleadings. Therefore, the motion for reconsideration was properly denied.
Habeas corpus proceedings are appropriate to review a trial court’s denial of a motion to reduce bail before trial. See Fla. R.Crim. P. 3.131(d)(3). Here, since Holloway never properly sought a reduction in bail, we deny his petition. However, the denial is without prejudice to Holloway so that he can subsequently file a proper motion for modification in the circuit court.
PETITION DENIED.
COBB, HARRIS, and PALMER, JJ., concur.
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Martorell I. Williams v. State, 855 So. 2d 1206 (Fla. 5th DCA 2003)…er relevant factors.3 PETITION GRANTED, CAUSE REMANDED. ORFINGER and TORPY, JJ., concur. . Habeas corpus is the proper vehicle to review an order denying a motion to set or reduce bail. See Fla. R.Crim. P. 3.131(d)(3); see also Holloway v. State, 792 So. 2d 588 (Fla. 5th DCA 2001). . The following exchange took place: Defense Counsel: ... the court needs to take into consideration [defendant's] resources. The Court: I don’t think that is required at all. .We do not hold that the instant bond amount is…