ROGELIO CALIXTRO, PETITIONER,
v.
CHARLES MCCRAY, ACTING DIRECTOR, DADE COUNTY DEPARTMENT OF CORRECTIONS, AND THE STATE OF FLORIDA, RESPONDENTS
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Rogelio Calixtro petitioned for a writ of habeas corpus challenging the modification of his pretrial release conditions, arguing his original bond terms should be reinstated. The Florida District Court of Appeal affirmed the trial court's decision to increase his bond from $7,500 to $50,000 based on the state's notice of enhanced sentencing penalties at arraignment.
The court held that the trial court properly modified Calixtro's bond because a sufficient change of circumstances existed: although the nature and circumstances of the offense did not change, the penalty provided by law increased significantly with the state's formal notice of enhanced sentencing penalties at arraignment, which was not known to the first appearance judge.
[1] A trial court may modify pretrial release conditions when the penalty provided by law for the offense charged increases significantly.
[2] The state's notice of intent to pursue enhanced sentencing penalties constitutes a change of circumstances sufficient to warrant upward modification of bond.
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“Although the 'nature and circumstances' of Calixtro's offense did not change between first hearing and arraignment, the penalty provided by law did.”
Establishes that legal penalties, not just factual circumstances, constitute sufficient changed circumstances for bond modification
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Join FLexlaw to unlock all legal intelligenceCalixtro was arrested and charged with sexual battery. At first appearance, the trial court set bond at $7,500 despite the state's motion to set a hig…
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FLETCHER, Judge.
Rogelio Calixtro petitions for a writ of habeas corpus, arguing that modification of his pretrial release conditions is illegal and that he is entitled to reinstatement of the original terms. We deny the petition for habeas corpus.
Calixtro was arrested and charged with a sexual battery. At first appearance, the state moved the court to set Calixtro’s bond on the basis of his prior convictions for aggravated stalking, aggravated battery, and false imprisonment. The state at that time made Calixtro’s prior record available to the court and informed the court that, should he be convicted as charged, Calixtro faced a guidelines sentencing range of 10.2 to 15 years in state prison. Over the state’s objections, the trial court set bond at $7,500.
At the subsequent arraignment, the state filed a one-count information charging Calixtro with sexual battery, along with written notice of the state’s intent to pursue enhanced sentencing penalties. The state informed the court that Calixtro qualified as an habitual felony offender, an habitual violent felony offender, a three-time violent felony offender, and a violent career criminal. The state at that time sought to have Calixtro’s bond increased to $100,000, advising the court that with the current sentencing enhancements, Calixtro could be sentenced up to forty years, with a thirty year mandatory minimum. After thorough consideration of Calixtro’s prior and current circumstances, the trial court granted the state’s motion to increase bond, setting it at $50,000.
Pursuant to Florida Rule of Criminal Procedure 3.181(d)(3), a trial court may consider, inter alia, “the nature and circumstances of the offense charged and the penalty provided by law.” [e.s.] Although the “nature and circumstances” of Calix-tro’s offense did not change between first hearing and arraignment, the penalty provided by law did. The court is bound to consider any condition deemed necessary to assure a defendant’s appearance as required, and the penalty Calixtro faced increased significantly with the state’s notice of intent to pursue enhanced sentencing. Fla. R.Crim. P. 3.131(b)(1)(F). The enhanced penalties to which Calixtro was formally subject at arraignment were not those known to the judge at first appearance. We find that this constitutes sufficient evidence of a change of circumstances to warrant upward modification of bond and pretrial release terms. See Fla. R.Crim. P. 3.131(d)(2)(state may only seek to modify bond for “good cause”); Keane v. Cochran, 614 So. 2d 1186 (Fla. 4th DCA 1993)(in order to have good cause to modify bond, state must present evidence of changed circumstances not made known to first appearance judge).
Petition denied.
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Brooks v. State, 145 So. 3d 219 (Fla. 1st DCA 2014)…the substantial increase in the possible penalty petitioner faces as a consequence of now being charged with a life felony. Although it did not involve the addition of a new charge after first appearance, we find the reasoning of Calixtro v. McCray, 858 So. 2d 1079 (Fla. 3d DCA), rev. denied, 865 So. 2d 479 (Fla.2003), to be persuasive. In Calix-tro, the defendant was charged with sexual battery and his bond was initially set at first appearance at $7,500. At that time, the first appearance judge was informed…
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Guerrero v. McRAY, 928 So. 2d 478 (Fla. 3d DCA 2006)…to increase Guerrero’s bond on its own. The trial court set a bond of $8,500.00 after which the State sought an enhanced penalty. Based upon the State’s notice to seek the enhanced penalty, the trial court sua sponte, citing to Calixtro v. McCray, 858 So. 2d 1079 (Fla. 3d DCA 2003), increased Guerrero’s bond from $3,500.00 to $10,000.00. Guerrero objected to the trial court’s action and requested three hours to prepare a response against the increased bond. The trial court denied Guerrero’s request, granted…
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Authorities Cited
- Keane v. Cochran, 614 So. 2d 1186 (Fla. 4th DCA 1993)