AQWAN GRIFFITH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that the state's failure to file a motion for pretrial detention requires a hearing on conditions of release.
Aqwan Griffith petitioned for a writ of habeas corpus, seeking release from pretrial detention without bond on a lewd and lascivious molestation charg…
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PER CURIAM.
Aqwan Griffith petitions this court for a writ of habeas corpus. Griffith is being held without bond on a lewd and lascivious molestation charge. The state 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) also states that unless the state has filed a motion for pretrial detention, the court shall conduct a hearing to determine pretrial release.
Because the 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 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 detention at any time prior to trial. See Fla. R.Crim. P. 3.132(b).
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Viet HO v. State, 929 So. 2d 1155 (Fla. 5th DCA 2006)…nt is found to be a danger to the community, a flight [*1156] risk, or one who will undermine 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…1 / 2
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Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- In the interest of E.S. v. Dep't of Child. & Fam. Servs., 862 So. 2d 903 (Fla. 2d DCA 2003)
- Galen Golden v. Crow, 862 So. 2d 903 (Fla. 2d DCA 2003)