DONALD HOMERDING, PETITIONER,
v.
KENNETH JENNE, SHERIFF, AND STATE OF FLORIDA, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Homerding sought habeas corpus review of an order increasing his pretrial detention bond following withdrawal of his guilty plea in a DUI manslaughter case. The Fourth District Court of Appeal granted the petition and remanded, holding that the State failed to demonstrate new information warranting the bond increase.
The court held that increasing a defendant's bond is improper unless the State demonstrates that the increase is warranted by information not available to the committing magistrate who set the initial bond. The State failed to meet this burden, and the original $17,000 bond must be reinstated.
[1] A pretrial detention order is improper unless the state shows that the detention is warranted by information not available to the committing magistrate who set the initia…
[2] A defendant's withdrawal of a plea, followed by a short-term entry into the prison system, does not constitute new information justifying a reevaluation of entitlement to…
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“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”
Establishes the governing legal standard for bond modifications, requiring new information as justification
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHomerding was charged with DUI manslaughter and related offenses stemming from a November 21, 1997 fatal automobile accident. He was initially release…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Bail cases and more on FLexlaw
PER CURIAM.
Donald Homerding seeks review, by way of habeas corpus, of an order granting the State’s motion for pretrial detention following the withdrawal of his plea on DUI manslaughter and related charges stemming from a November 21, 1997 fatal automobile accident. Homerding was originally released on $17,000 bond. After 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. Jenne, 710 So. 2d 681, 682 (Fla. 4th DCA 1998)]; Santos v. Garrison, 691 So. 2d 1172 (Fla. 4th DCA 1997); Keane v. Cochran, 614 So. 2d 1186, 1187 (Fla. 4th DCA 1993); Sikes v. McMillian, 564 So. 2d 1206 (Fla. 1st DCA 1990); Kelsey v. McMillan, 560 So. 2d 1343 (Fla. 1st DCA 1990).
Nothing in the record shows any violation or failure to appear has occurred since Homerding was initially released on $17,000 bond on August 31, 1998.1 The State failed to show that Homerding’s record contains any new information or information not previously relied upon by the trial court that originally set the bond. Additionally, the State cites no authority for its position that Homerding’s entry of a plea which was later withdrawn, and his consequent short-term entry into the prison system, was new information that the trial court could properly consider in reevaluating Homerding’s entitlement to a reasonable bail.
The case is remanded with direction that the trial court reinstate the initial bond.2
POLEN, C.J., STONE and STEVENSON, JJ., concur. . We note that the 2000 amendments to Florida Statutes section 907.041 are not applicable to Homerding. See State v. Paul, 783 So. 2d 1042 (Fla.2001).
. In light of the State’s unsupported allegation in its response that it believes that information as to the petitioner’s record was not available or presented at the initial bail hearing, this opinion is without prejudice to the State bringing and demonstrating such a claim on remand.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Bush v. State, 74 So. 3d 130 (Fla. 1st DCA 2011)…has the burden of proving that there is a change in circumstances or new information that warrants the increase or revocation of bond. Lee v. Bieluch, 855 So. 2d 713 (Fla. 4th DCA 2003). Goelz, 906 So. 2d at 1235. Likewise, in Homerding v. Jenne, 804 So. 2d 349 (Fla. 4th DCA 2001), the appellate court granted a petition for writ of habeas corpus and directed the trial court to reinstate an earlier bail order. The court reasoned that the pretrial detention order was invalid because there was no evidence tha…
-
Kablitz v. Bieluch, 872 So. 2d 429 (Fla. 4th DCA 2004)…defendant’s bond “unless the state shows that the increase is warranted by information not available to the committing magistrate who set the initial bond.” Montgomery v. Jenne, 744 So. 2d 1148, 1149 (Fla. 4th DCA 1999); see also Homerding v. Jenne, 804 So. 2d 349, 349 (Fla. 4th DCA 2001). Here, the trial court did not actually increase or revoke the earlier imposed bond, but rather it denied release and discharge of a warrant for violation of supervised release, which both petitioner and the state conceded w…
Authorities Cited
- State v. Paul, 783 So. 2d 1042 (Fla. 2001)
- Keane v. Cochran, 614 So. 2d 1186 (Fla. 4th DCA 1993)
- Hampton v. State, 744 So. 2d 1148 (Fla. 4th DCA 1999)
- Kelsey v. McMILLAN, 560 So. 2d 1343 (Fla. 1st DCA 1990)
- Sikes v. McMILLIAN, 564 So. 2d 1206 (Fla. 1st DCA 1990)
- Santos v. Honorable Edward Garrison, 691 So. 2d 1172 (Fla. 4th DCA 1997)
- Bowers v. Jenne, 710 So. 2d 681 (Fla. 4th DCA 1998)