AMANDA ADAMS, PETITIONER,
v.
STATE OF FLORIDA AND RIC L. BRADSHAW, PALM BEACH COUNTY SHERIFF, RESPONDENTS

Fla. 4th DCA | 2007-09-28
No. 4D07-3738
SHAHOOD, C.J., STEVENSON and TAYLOR, JJ., concur.
965 So. 2d 364 Florida District Court of Appeal, Fourth District (2007)

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Holding

The trial court erred in denying bond solely based on a violation of pretrial release conditions in a prior case.


Facts & Procedural History

Petitioner was arrested and charged with driving with a revoked license and denied bond because she was on pretrial release in another case. The trial…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The petitioner seeks a writ of habeas corpus. She argues that the trial court improperly denied her bond. We agree and grant the petition.

Petitioner was arrested and charged with driving while her license was revoked. The first appearance magistrate denied petitioner bond for the sole reason that petitioner was on pretrial release in another case. The trial court erred in relying on the violation of conditions of pretrial release in a prior case to categorically deny pretrial release in this case. Newton v. State, 963 So. 2d 929 (Fla. 4th DCA 2007); Alexander v. Judd, 930 So. 2d 847 (Fla. 2d DCA 2006).

Accordingly, we grant the petition for writ of habeas corpus and quash the order denying bond. The trial court shall hold another bond hearing and consider pretrial release for petitioner in this case. If the state moves for pretrial detention and the statutory requirements are met, the court may order petitioner detained without bond in this case. See § 907.041(4)(c), Fla. Stat. (2007).

SHAHOOD, C.J., STEVENSON and TAYLOR, JJ., concur.


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