BRIAN ELVIS RIGBY, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 2010-03-02
No. 5D10-626
ORFINGER, TORPY and COHEN, JJ. concur.
29 So. 3d 390 Florida District Court of Appeal, Fifth District (2010) Positive Treatment
Cited by 4 cases
Topics
Florida Rule Of Criminal Procedure 3.131 Writ Of Habeas Corpus Petition For Writ Of Habeas Corpus Habeas Corpus

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Brian Elvis Rigby files an emergency petition for writ of habeas corpus after the trial court denied bond without considei’ing the applicable standards. The State files a limited concession that neither the arrest warrant, nor the order of probable cause determination explain the denial of bond. Rigby has been charged with a second degree felony, which is neither a capital offense nor a life felony. By all accounts, the requirements of Florida Rule of Criminal Procedure 3.131 have not been met. As such, we grant the petition and remand the case to the trial court for purposes of holding a hearing forthwith to consider the Petitioner’s request to set bond. See Vailbailon v. Bradshaw, 971 So.2d 289 (Fla. 4th DCA 2008).

PETITION GRANTED and REMANDED WITH INSTRUCTIONS.

ORFINGER, TORPY and COHEN, JJ. concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Mesa v. State, 126 So. 3d 286 (Fla. 3d DCA 2011)
    …PER CURIAM. Affirmed. Sireci v. State, 773 So. 2d 34, 43 (Fla.2000); Leggett v. State, 34 So. 3d 51 (Fla. 3d DCA), petition for review filed, No. SC 10-556 (Fla. March 22, 2010); Lumsdon v. State, 29 So. 3d 390 (Fla. 3d DCA), petition for review filed, No. SC 10-665 (Fla. April 5, 2010).…
  • LEE v. Marydell Guevara, 143 So. 3d 1197 (Fla. 3d DCA 2014)
    …urt failed to comply with Florida Rule of Criminal Procedure 3.131 by failing to issue the required findings of fact and conclusions of law in support of the court’s order revoking bond. See State v. Blair, 39 So. 3d 1190 (Fla.2010); Rigby v. State, 29 So. 3d 390 (Fla. 5th DCA 2010); Dupree v. Cochran, 698 So. 2d 945 (Fla. 4th DCA 1997). We grant the petition only insofar as to remand the case to the trial court for the purpose of holding an immediate evidentia-ry hearing on the State’s motion to revoke bo…
  • Lumsdon v. State, 218 So. 3d 930 (Fla. 3d DCA 2016)
    …of 1-95, where two groups of young men travelling in separate vehicles engaged in verbal repartee and tossed items between cars following which Lumsdon admittedly fired off a shot killing one of the occupants in the other car. See Lumsdon v. State, 29 So. 3d 390, 392 (Fla. 3d DCA 2010), quashed by, 160 So. 3d 896 (Fla. 2014) (“Lumsdon I”). As pertinent here, Lumsdon was charged with second degree murder with a firearm in which it was properly alleged that Lumsdon’s acts, while imminently dangerous and evinc…

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