BENNY ROSA, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that a criminal defendant charged with a capital offense or an offense punishable by life imprisonment, even if proof of guilt is evident, must be afforded a full bond hearing.
Petitioner, charged with burglary and criminal mischief, had bond denied twice by the trial court without a hearing. He sought habeas corpus relief, c…
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Petitioner, Benny Rosa, is charged with one count of burglary of a conveyance with assault or battery, a first degree felony1 and one count of criminal mischief. While the petitioner was represented by the public defender, bond was denied at first appearance for the felony charge. Subsequently, private counsel was retained by Mr. Rosa and a second motion was filed requesting either that he be released on his own recognizance, or that the court set reasonable bond.2 The trial court without a hearing again denied bond, referring to the first denial. Petitioner contends that the failure to afford him a full bond hearing was error and seeks habeas corpus relief. We agree.
In cases in which a criminal defendant is charged with a capital offense or an offense punishable by life imprisonment, and the State has demonstrated that the proof of guilt is evident and the presumption is great, a full hearing must still be afforded at which the accused may come forward to present testimony of witnesses pertaining to his or her guilt and the defendant’s amenability to bond. In the present case the trial court improperly failed to hold such a hearing prior to denial of the motion. See Brackett v. State, 773 So.2d 564 (Fla. 4th DCA 2000).
We, accordingly, grant the petition for writ of habeas corpus and direct the trial court to hold a bond hearing at which it shall afford the petitioner an opportunity to present witnesses with regard to bond.
PETITION GRANTED and REMANDED WITH INSTRUCTIONS.
MONACO, C.J., PALMER and EVANDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Preston v. Sheriff David GEE, 133 So. 3d 1218 (Fla. 2d DCA 2014)
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Ysaza v. State, 222 So. 3d 3 (Fla. 4th DCA 2017)…come forward with a showing addressed to the court’s discretion to grant or deny bail,’ ... and the trial court improperly declined to consider any testimony.” Brackett, 773 So. 2d at 565 (quoting Arthur, 390 So. 2d at 719); see also Rosa v. State, 21 So. 3d 115 (Fla. 5th DCA 2009). This procedure also is consistent with the Second District’s recent decision in Preston v. Gee, 133 So. 3d 1218 (Fla. 2d DCA 2014). In Preston, the first appearance judge ordered the defendant held without bond based solely on…
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Eckford v. State, 230 So. 3d 1280 (Fla. 5th DCA 2017)…estion of incompetency. Accordingly, we grant the petition, and direct the lower court to hold a proper bond hearing, unless it determines that Petitioner will not submit to the next scheduled evaluation. Fla. R. Crim. P. 3.210(b)(3); Rosa v. State, 21 So. 3d 115, 116 (Fla. 5th DCA 2009). PETITION GRANTED. EVANDER, BERGER and WALLIS, JJ., concur.…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Thomas v. State, 773 So. 2d 564 (Fla. 5th DCA 2000)
- Brackett v. State, 773 So. 2d 564 (Fla. 4th DCA 2000)