FRANCIS X. MURPHY, III, PETITIONER,
v.
AL LAMBERTI, SHERIFF OF BROWARD COUNTY, RESPONDENT
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Florida appellate court granted habeas corpus petition in part because trial court revoked bond without making required statutory findings that no conditions could protect the community or ensure defendant's presence at trial.
A trial court must make explicit findings that no conditions of release can reasonably protect the community from risk of physical harm or assure the defendant's presence at trial before revoking bond; a violation of bond conditions alone is insufficient.
[1] A trial court must make explicit statutory findings that no conditions of release can reasonably protect the community from risk of physical harm or assure the defendant'…
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Join FLexlaw to unlock all legal intelligence“A pretrial detention order must contain findings of fact and conclusions of law showing that the constitutional and statutory criteria for pretrial detention are met.”
Court citing Blair v. State for the requirement that detention orders contain specific findings of fact and conclusions of law.
Petitioner was released on bond pursuant to a stipulation with the state. Several months later, the state moved to revoke the bond due to petitioner's…
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Pursuant to a stipulation with the state, the petitioner was released on bond with conditions. Several months later, the state moved to revoke that bond because of the petitioner’s violation of a condition. After taking evidence, the trial court made a finding that the violation was intentional and revoked the bond. Petitioner disputes that finding; however, we agree with the state that it is supported by the record.
The trial court, however, made no actual findings that “no conditions of release can reasonably protect the community from risk of physical harm to persons or assure the presence of the accused at trial.” This is a requirement of pretrial detention under section 907.041(4)(c)7, Florida Statutes (2010). Blair v. State, 15 So.3d 758, 759 (Fla. 4th DCA 2009) (“A pretrial detention order must contain findings of fact and conclusions of law showing that the constitutional and statutory criteria for pretrial detention are met. See Fla. R. Crim. P. 3.132(c)(2); § 907.041(4)®, Fla. Stat. (2008).”), approved, 39 So.3d 1190 (Fla.2010). The statute does not allow the trial court to deny release solely on a finding that the defendant violated a condition of bond. Buhbut v. Bieluch, 835 So.2d 1222, 1223 (Fla. 4th DCA 2003).
We therefore grant the petition for writ of habeas corpus in part, and remand to the trial court to set an expedited hearing to determine whether there are any reasonable conditions of release which would protect the community and assure petitioner’s presence at trial.
Petition granted in part; case remanded for an expedited hearing.
GROSS, C.J., WARNER and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Blair, 39 So. 3d 1190 (Fla. 2010)
- Blair v. State of Fla. & Ric L. Bradshaw, 15 So. 3d 758 (Fla. 4th DCA 2009)
- Buhbut v. Edward Bieluch as Sheriff of Palm Beach Cnty., 835 So. 2d 1222 (Fla. 4th DCA 2003)