OCTAVIA LEE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Court granted habeas corpus petition and quashed bond forfeiture order because trial court failed to make required findings that defendant's failures to appear were willful before denying bond reinstatement.
A trial court must make specific findings that a defendant's failures to appear were willful and that no reasonable bond conditions could secure presence at trial before denying a motion to set or reinstate bond.
[1] A trial court must make explicit findings that a defendant's failures to appear were willful and that no reasonable bond conditions could assure presence at trial before…
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Join FLexlaw to unlock all legal intelligenceLee was released on surety bond but failed to appear at a hearing and arraignment because notices were sent to an incorrect address. The trial court o…
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PER CURIAM.
Octavia Lee petitions this court for a writ of habeas corpus. She alleges that she is illegally detained without bond. Lee, released on surety bond, failed to appear at a hearing where the state was to file charges and at arraignment because the notices of hearing were sent to an incorrect address. The circuit court ordered a warrant for Lee’s arrest and bond forfeiture. Lee then moved to set bond or to reinstate bond. The trial court denied the motion without making any legal or factual findings required pursuant to Florida Rule of Criminal Procedure 3.132(c)(2).
The state concedes, and we agree, that the trial court improperly denied petitioner’s motion to set or reinstate bond without making findings that Lee’s failures to appear were willful and that no reasonable bond conditions could secure Lee’s presence at trial. Resendes v. Bradshaw, 935 So. 2d 19, 20 (Fla. 4th DCA 2006); Johnson v. Jenne, 913 So. 2d 740 (Fla. 4th DCA 2005); see also § 907.041(4)(c)1, Fla. Stat. (2006). We therefore grant the petition for writ of habeas corpus, quash the trial court order denying bond, and remand for the court to hold a hearing at which it shall determine whether the failures to appear were willful and if thére are any reasonable bond conditions that can assure Lee’s presence at trial.
GUNTHER, STONE and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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State v. Blair, 39 So. 3d 1190 (Fla. 2010)…o be willful. The record is devoid of evidence to suggest that petitioner willfully failed to appear. Pretrial detention may not be ordered based on a failure to appear unless the court finds that the failure to appear was willful. See Lee v. State, 956 So. 2d 1292 (Fla. 4th DCA 2007); Johnson v. Jenne, 913 So. 2d 740 (Fla. 4th DCA 2005); Winters v. Jenne, 765 So. 2d 54 (Fla. 4th DCA 1999). Further, the trial court improperly ordered pretrial detention without finding that “no conditions of release can reason…
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Blair v. State of Fla. & Ric L. Bradshaw, 15 So. 3d 758 (Fla. 4th DCA 2009)…o be willful. The record is devoid of evidence to suggest that petitioner willfully failed to appear. Pretrial detention may not be ordered based on a failure to appear unless the court finds that the failure to appear was willful. See Lee v. State, 956 So. 2d 1292 (Fla. 4th DCA 2007); Johnson v. Jenne, 913 So. 2d 740 (Fla. 4th DCA 2005); Winters v. Jenne, 765 So. 2d 54 (Fla. 4th DCA 1999). Further, the trial court improperly ordered pretrial detention without finding that “no conditions of release can reason…
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Tanesha Bannister v. Al Lamberti, 32 So. 3d 745 (Fla. 4th DCA 2010)…at a hearing on the misdemeanor crimes, he had been told his court appearance had been cancelled. In concluding that the trial court could not order pretrial detention without finding that his failure to appear was willful, we cited to Lee v. State, 956 So. 2d 1292 (Fla. 4th DCA 2007); Johnson v. Jenne, 913 So. 2d 740 (Fla. 4th DCA 2005); and Winters v. Jenne, 765 So. 2d 54 (Fla. 4th DCA 1999). In each of those cases, as in Blair, the accused had offered some innocent explanation for his or her failure to appe…
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
- Resendes v. Ric L. Bradshaw, 935 So. 2d 19 (Fla. 4th DCA 2006)
- Sundale, Ltd. v. Williams Paving Co., Inc., 913 So. 2d 740 (Fla. 3d DCA 2005)