EDDIE DANIELS, PETITIONER,
v.
KEN JENNE, AS SHERIFF OF BROWARD COUNTY, FLORIDA, RESPONDENT
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Florida appellate court reversed a trial court's denial of pretrial release based solely on a violation of release conditions, holding that the court must make specific statutory findings that no reasonable conditions can protect the community and ensure the defendant's presence at trial.
A trial court cannot deny pretrial release based solely on violation of release conditions without making statutory findings that no reasonable conditions of release can protect the community or assure the defendant's presence at trial.
[1] A trial court must make specific statutory findings that no reasonable conditions of release can protect the community and assure the defendant's presence at trial before…
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Join FLexlaw to unlock all legal intelligence“no conditions of release can reasonably protect the community from risk of physical harm to persons or assure the presence of the accused at trial”
Statutory requirement for denying pretrial release under § 907.041(4)(c)7, Fla. Stat. (2002)
Daniels was charged with aggravated battery and aggravated assault, released on bond, and violated his pretrial release by failing to return to his re…
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PER CURIAM.
Petitioner was charged with aggravated battery and aggravated assault and was released after posting bond; thereafter, he violated a condition of his pretrial release by failing to remain confined except for the times approved by his program personnel, in that he failed to return to his residence at 7:00 p.m. on May 7, 2003, turning himself in the next day when he learned his pretrial release supervisor was looking for him. He moved to reinstate pretrial release.
At the hearing on the motion, his bondsman testified that he was willing to stay on the bond and his pretrial release supervisor had agreed to accept Petitioner back on pretrial release, as long as he was “on lockdown.” Neither evidence nor argument was presented by the state.
Nevertheless, the trial court denied Petitioner’s request for release, continuing to hold him on a “no bond hold” for violating the terms and conditions of his release.
As the trial court denied the motion to reinstate based solely on Petitioner’s violation of a condition of his pretrial release without making any findings as to whether “no conditions of release can reasonably protect the community from risk of physical harm to persons or assure the presence of the accused at trial,” § 907.041(4)(c)7, Fla. Stat. (2002), we grant the petition. We remand for the trial court to set an expedited hearing to determine whether reasonable conditions of release would protect the community and assure Petitioner’s presence at trial. See Buhbut v. Bieluch, 835 So. 2d 1222 (Fla. 4th DCA 2003).
POLEN, C.J., KLEIN and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Smith v. State, 933 So. 2d 689 (Fla. 5th DCA 2006)…Florida Rules of Criminal Procedure before refusing to reinstate his pretrial release. We agree and accordingly grant the defendant’s request for mandamus relief. See Dicolla v. State, 763 So. 2d 1286 (Fla. 5th DCA 2000). See also Daniels v. Jenne, 847 So. 2d 1081 (Fla. 4th DCA 2003)(hold-ing that defendant was entitled to receive collateral relief when trial court denied his motion to reinstate pretrial release based solely on defendant’s violation of a condition of his pretrial release without making any fi…
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Russell v. Jenne, 849 So. 2d 463 (Fla. 4th DCA 2003)…n expedited hearing to determine whether reasonable conditions of release would protect the community and assure Petitioner’s presence at trial. See Fla. R.Crim. P. 3.132(c)(2); Malave v. State, 727 So. 2d 1002 (Fla. 4th DCA 1999); Daniels v. Jenne, 847 So. 2d 1081 (Fla. 4th DCA 2003). KLEIN, GROSS and TAYLOR, JJ., concur.…
Authorities Cited
- Buhbut v. Edward Bieluch as Sheriff of Palm Beach Cnty., 835 So. 2d 1222 (Fla. 4th DCA 2003)