KERVIN JUSTE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that the trial court erred by not setting pretrial release conditions when the state did not file a motion for pretrial detention.
Petitioner was charged with serious felonies and detained without bond. He moved to set bond, but the trial court denied the motion without the state …
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PER CURIAM.
Petitioner, Kervin Juste, seeks a writ of habeas corpus to obtain pretrial release. Petitioner is charged with burglary of a dwelling with an assault or battery, a first-degree felony punishable by life, and two counts of false imprisonment. He has been detained without bond since his arrest on November 27, 2006. Petitioner filed a motion to set bond, and at the conclusion of the hearing the court denied the motion.
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 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 § 810.02(2)(a), Fla. Stat. (2006). When a person is charged with a capital offense or an offense punishable by life imprisonment, it is the state’s burden, in order to foreclose bail as a matter of right, to present evidence beyond the indictment or information which shows that the proof of guilt is evident or the presumption is great. See generally State v. Arthur, 390 So. 2d 717 (Fla.1980). The assistant state attorney at the hearing stated that petitioner was entitled to bond, and presented no evidence. 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.
PETITION GRANTED.
THOMPSON, SAWAYA and TORPY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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In re Amendments TO Fla. Rule OF Crim. Procedure 3.132, 19 So. 3d 306 (Fla. 2009)…ce by appellate courts that have, even under the current rule, permitted belated motions by the State, even staying the release so the court could consider the motion. See Duffy v. Crowder, 960 So. 2d 909, 909-10 (Fla. 4th DCA 2007); Juste v. State, 946 So. 2d 102 (Fla. 5th DCA 2007). We thus adopt an amendment to subdivision (a) (Motion Filed at First Appearance) of rule 3.132 (Pretrial Detention) to provide that where the State has not filed a motion for pretrial detention, the trial court may inquire whet…
Authorities Cited
- State v. Arthur, 390 So. 2d 717 (Fla. 1980)
- Viet HO v. State, 929 So. 2d 1155 (Fla. 5th DCA 2006)
- 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)
- Brown v. State, 939 So. 2d 1150 (Fla. 3d DCA 2006)
- Corrie Kelly v. State, 939 So. 2d 1150 (Fla. 5th DCA 2006)