QUI VINH PHUOC NGUYEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 2006-04-06
No. 5D06-822
PALMER, ORFINGER, and TORPY, JJ., concur.
925 So. 2d 435 Florida District Court of Appeal, Fifth District (2006) Positive Treatment
Cited by 11 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Qui Vinh Phuoc Nguyen was charged with conspiracy to traffic in cannabis and MDMA. After a hearing, the trial court denied bond. Nguyen asserts that since the State did not file a motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132, bond cannot be denied.

We agree, grant Nguyen’s petition for writ of habeas corpus, and direct the trial court to conduct a rule 3.131 pretrial release hearing. This decision is without prejudice for the State to file a motion for pretrial detention, should it choose to do so. See Griffith v. State, 914 So. 2d 1053 (Fla. 5th DCA 2005). The trial court is directed to hold the hearing no later than three business days following the issuance of this opinion.

PETITION GRANTED; CAUSE REMANDED.

PALMER, ORFINGER, and TORPY, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Viet HO v. State, 929 So. 2d 1155 (Fla. 5th DCA 2006)
    …o section 907.041, Florida Statutes (2005), and the defendant 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.…
    1 / 2
  • Duffy v. Crowder, 960 So. 2d 909 (Fla. 4th DCA 2007)
    …es v. Bradshaw, 935 So. 2d 19, 20 (Fla. 4th DCA 2006). Denial of bond cannot be considered a “condition of release.” Id; see also Kelly v. State, 939 So. 2d 1150 (Fla. 5th DCA 2006); Ho v. State, 929 So. 2d 1155 (Fla. 5th DCA 2006); Nguyen v. State, 925 So. 2d 435 (Fla. 5th DCA 2006). Although the transcript of the evi-dentiary bond hearing contains ample support for the court’s decision to impose pretrial detention on this aggravated stalking charge! because the state did not file a motion for pretrial deten…
  • Corrie Kelly v. State, 939 So. 2d 1150 (Fla. 5th DCA 2006)
    …n pursuant to Florida Rule of Criminal Procedure 3.132, the trial court should have determined the proper conditions of pretrial release at the hearing on the motion to set bond. See Ho v. State, 929 So. 2d 1155 (Fla. 5th DCA 2006); Nguyen v. State, 925 So. 2d 435 (Fla. 5th DCA 2006). We therefore grant the petition for writ of habeas corpus, and direct the trial court to conduct a pretrial release hearing pursuant to Florida Rule of Criminal Procedure 3.131, no later than three business days following the is…

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