GALEN GOLDEN, PETITIONER,
v.
LAWRENCE W. CROW, JR., AS SHERIFF OF POLK COUNTY, RESPONDENT
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Court granted habeas corpus petition because state failed to file required motion for pretrial detention, requiring trial court to conduct release hearing or impose standard bond.
When the state fails to file a motion for pretrial detention as required by Florida Rule of Criminal Procedure 3.132, the trial court must proceed to determine conditions of release under rule 3.131(b)(1) rather than hold the defendant without bond.
[1] When the state fails to file a motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132, the trial court must conduct a hearing to determine con…
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Join FLexlaw to unlock all legal intelligence“If no such motion is filed, or the motion is facially insufficient, the judicial officer shall proceed to determine the conditions of release pursuant to the provisions of rule 3.131(b)(1).”
Rule 3.132(a) establishing the mandatory procedure when state fails to file pretrial detention motion
Golden was charged with aggravated assault with a deadly weapon and violation of injunction against repeat violence, offenses for which he was eligibl…
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PER CURIAM.
Galen Golden petitions this court for a writ of habeas corpus. Golden is being held without bond on charges of aggravated assault with a deadly weapon and violation of injunction against repeat violence, for which he is eligible for pretrial detention under section 907.041(4)(a), Florida Statutes (2002). However, the State has failed to file a motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132. Rule 3.132(a) states, “If no such motion is filed, or the motion is facially insufficient, the judicial officer shall proceed to determine the conditions of release pursuant to the provisions of rule 3.131(b)(1).” Rule 3.131(b)(1) sets forth the possible conditions of release, none of which include being held without bond.
Because the State has failed to file a motion for pretrial detention, we grant the petition for writ of habeas corpus and remand for the trial court to conduct a hearing pursuant to rule 3.131(b)(1) and determine appropriate conditions of release. The trial court is directed to hold the hearing by noon, Wednesday, December 24, 2003. Should the trial court fail to do so, it shall impose the standard bond for a third-degree felony and a first-degree misdemeanor. Petition granted; remanded with directions.
ALTENBERND, C.J., and FULMER and DAVIS, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Dayne Miller v. State, 980 So. 2d 1092 (Fla. 2d DCA 2008)…iew of the probable cause affidavit, we can understand the State's decision not to file such a motion. . The concurring judge also noted that the precedent from this court was consistent with the precedent from his own court, citing Golden v. Crow, 862 So. 2d 903 (Fla. 2d DCA 2003). Ho, 929 So. 2d at 1156.…
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Viet HO v. State, 929 So. 2d 1155 (Fla. 5th DCA 2006)…the integrity of the judicial process. Precedent emanating from this court, see Nguyen v. State, 925 So. 2d 435 (Fla. 5th DCA 2006), and Griffith v. State, 914 So. 2d 1053 (Fla. 5th DCA 2005), and from the Second District Court, see Golden v. Crow, 862 So. 2d 903 (Fla. 2d DCA 2003), holds that it is. It is difficult to determine from the language of rules 3.131 and 3.132, Florida Rules of Criminal Procedure, whether the Florida Supreme Court intended a motion for pretrial detention to be a necessary prerequ…1 / 2
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Aqwan Griffith v. State, 914 So. 2d 1053 (Fla. 5th DCA 2005)…e state failed to file a motion for pretrial detention, we grant the petition for writ of habeas corpus and direct the trial court to conduct a hearing pursuant to Rule 3.131(b)(1) and determine appropriate conditions of release. See Golden v. Crow, 862 So. 2d 903 (Fla. 2d DCA 2003). The trial court is directed to hold [*1054] the hearing no later than Tuesday, November 29, 2005.1 PETITION GRANTED. SHARP, W., THOMPSON, and TORPY, JJ., concur. . The state may, of course, file a motion for pretrial dete…
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