FRANCIS MATA, PETITIONER,
v.
AL LAMBERTI, SHERIFF, ET AL., RESPONDENTS
PER CURIAM.
The petition for habeas corpus relief is denied. The petitioner was arrested on a capias in which the issuing judge directed that petitioner be held without bond. The judge did not authorize the setting or modification of bail by the judge presiding over first appearance. Therefore, the first appearance judge had no authority to grant bail. See Fla. R.Crim. P. 3.131(j); State v. Norris, 768 So. 2d 1070, 1072 (Fla.2000) (“The express language of this rule gives the issuing capias judge the authority to limit the setting or modification of bail by the first appearance judge.”). Any application for modification of bail must be made to the judge assigned to preside over petitioner’s case, which judge also issued the no bond hold on petitioner. WARNER, TAYLOR and MAY, JJ„ concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Tonuya Rainey v. Al Lamberti, 9 So. 3d 58 (Fla. 4th DCA 2009)…d 412 (Fla. 4th DCA 1999); Patterson v. Neuman, 707 So. 2d 946 (Fla. 4th DCA 1998). It is not the increase in the bond amount from that stated in the arrest warrant that is problematic. State v. Norri.s, 768 So. 2d 1070 (Fla.2000); Mata v. Lwmberti, 993 So. 2d 642 (Fla. 4th DCA 2008). Rather, as the state concedes, the trial court failed to consider the appropriate pretrial release factors. See Fla.R.Crim.P. 3.131(b)(3); § 903.046, Fla. Stat. (2008); see also Cepe-ro v. Mascara, 981 So. 2d 671 (Fla. 4th DCA 2…
Authorities Cited
- State v. Norris, 768 So. 2d 1070 (Fla. 2000)