ANTONIO RODRIGUEZ, PETITIONER,
v.
KENNETH JENNE, AS SHERIFF OF BROWARD COUNTY, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The trial court lacked authority to deny bond without a properly filed motion for pretrial detention.
Petitioner, charged with DUI manslaughter and other offenses, had bond denied on one count after the state made an oral request. The state did not fil…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Fla. R. Crim. P. 3.132 cases and more on FLexlaw
PER CURIAM.
Antonio Rodriguez petitions this court for a writ of habeas corpus alleging that he is being illegally held without bond. He is charged with five counts arising from the death of a pedestrian during a traffic accident, including DUI manslaughter. At the first appearance hearing, the state made an oral request to hold petitioner without bond, but the state did not file a motion for pretrial detention. After considering the circumstances in this case, petitioner’s driving record, and a failure to appear in a separate case, the court denied bond on count I, over defense counsel’s objection, and set bond on the remaining counts.
Because the state did not file a motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132, the trial court did not have authority to deny petitioner bond and instead was required to consider conditions of release pursuant to Florida Rule of Criminal Procedure 3.131(b)(1). Resendes v. Bradshaw, 935 So. 2d 19 (Fla. 4th DCA 2006); see also Duffy v. Crowder, 960 So. 2d 909 (Fla. 4th DCA 2007).
Accordingly, we grant the petition for writ of habeas corpus and remand for a hearing to determine conditions of pretrial release or for a pretrial detention hearing if the state files a proper motion. The trial court shall hold the hearing within three business days following the issuance of this opinion.
POLEN, GROSS and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Ginsberg v. Ryan, 60 So. 3d 475 (Fla. 3d DCA 2011)…file a motion for pretrial detention, ... or files a motion that is facially insufficient, the judicial officer shall proceed to determine the conditions of release pursuant to the provisions of rule 3.131(b)(1)” Id.; see, e.g., Rodriguez v. Jenne, 963 So. 2d 933 (Fla. 4th DCA 2007) (granting petition for writ of habeas corpus because the State did not file a motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132); Resendes v. Bradshaw, 935 So. 2d 19 (Fla. 4th DCA 2006). At the ev…
-
Gorman J. Roberts v. State of Fla. & Al Lamberti, 10 So. 3d 1209 (Fla. 4th DCA 2009)…re any conditions of release which could reasonably protect the community from risk of physical harm. Florida Rule of Criminal Procedure 3.131(b). In these circumstances, petitioner is entitled to habeas corpus relief. See, e.g., Rodriguez v. Jenne, 963 So. 2d 933 (Fla. 4th DCA 2007). See also Lee v. State, 956 So. 2d 1292 (Fla. 4th DCA 2007). Respondent has filed a response to this court’s order to show cause agreeing that the case should be remanded for a hearing on the subject of bond. Accordingly, we gr…
Authorities Cited
- Resendes v. Ric L. Bradshaw, 935 So. 2d 19 (Fla. 4th DCA 2006)
- Duffy v. Crowder, 960 So. 2d 909 (Fla. 4th DCA 2007)