CORRIE KELLY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Court granted habeas corpus petition and ordered trial court to conduct pretrial release hearing because state failed to file motion for pretrial detention as required by Florida Rule of Criminal Procedure 3.132.
When the state does not file a motion for pretrial detention under Florida Rule of Criminal Procedure 3.132, the trial court must determine proper conditions of pretrial release at a bond hearing rather than deny bond outright.
[1] When the state does not file a motion for pretrial detention under Florida Rule of Criminal Procedure 3.132, the trial court must determine appropriate conditions of pret…
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Join FLexlaw to unlock all legal intelligenceCorrie Kelly was charged with drug offenses and other crimes in two Lake County cases, none capital or life-imprisonment offenses. He was detained wit…
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PER CURIAM.
Petitioner, Corrie Kelly, seeks a writ of habeas corpus to obtain pretrial release. Petitioner was charged with drug offenses and other crimes in two Lake County cases. None of the criminal charges are capital offenses or punishable by life imprisonment. Petitioner has been detained without bond since his arrest on July 28, 2006. Petitioner filed a motion to set bond, and after a hearing the trial court entered an order denying said motion on October 6, 2006.
As the state did not file a motion for pretrial detention 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 issuance of this opinion. This decision is without prejudice to 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).
PETITION GRANTED.
THOMPSON, TORPY and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Duffy v. Crowder, 960 So. 2d 909 (Fla. 4th DCA 2007)…conditions of release pursuant to the provisions of rule 3.131(b)(1).” Fla. R.Crim. P. 3.132(a). Resendes 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 d…
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Thomas v. State, 208 So. 3d 326 (Fla. 5th DCA 2017)…felonies or life felonies. Under these circumstances, if the State fails to move for pretrial detention, a trial court [*327] may not deny a defendant’s motion for bond. See Jenkins v. State, 86 So. 3d 1273, 1274 (Fla. 5th DCA 2012); Kelly v. State, 939 So. 2d 1150, 1151 (Fla. 5th DCA 2006). Accordingly, we grant Thomas’s petition and direct the trial court to conduct a pretrial release hearing pursuant to rule 3.131 no later than three business days following the issuance of this opinion. We note that our dec…
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Kervin Juste v. State, 946 So. 2d 102 (Fla. 5th DCA 2007)…e state did not file a motion for pretrial detention 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 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). Petitioner is charged with a first degree felony punishable by a term of years not exceeding life imprisonment. See § 810.0…
Authorities Cited
- Viet HO v. State, 929 So. 2d 1155 (Fla. 5th DCA 2006)
- Aqwan Griffith v. State, 914 So. 2d 1053 (Fla. 5th DCA 2005)
- Qui Vinh Phuoc Nguyen v. State, 925 So. 2d 435 (Fla. 5th DCA 2006)
- Acres v. State, 925 So. 2d 435 (Fla. 5th DCA 2006)