BORRIS MORALEZ, PETITIONER,
v.
MARYDELL GUEVARA, DIRECTOR, MIAMI-DADE COUNTY CORRECTIONS AND REHABILITATION DEPARTMENT AND THE STATE OF FLORIDA, RESPONDENTS
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A Florida appellate court grants a habeas corpus petition and orders the immediate release of a detainee whose pretrial release was revoked for a noncriminal violation rather than a new crime. The court enforces its mandate requiring an expedited bond hearing and ultimately orders the defendant's release without monetary bond.
The appellate court holds that Moralez is entitled to immediate release without monetary bond but with the same non-monetary conditions as those originally imposed. The court enforces its prior mandate and orders the trial court to comply with the requirement for an expedited bond hearing pursuant to Florida Statutes section 907.041(4)(c).
[1] A court may grant a petition for a writ of habeas corpus to order a remand for an expedited bond hearing.
[2] A trial court's failure to comply with a higher court's mandate to conduct a proper hearing may result in an order for immediate release.
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Join FLexlaw to unlock all legal intelligence“we remand to the trial court for an expedited bond hearing pursuant to section 907.041(4)(c), Florida Statutes (2014), and the applicable provisions of Florida Rules of Criminal Procedure 3.131 and 3.132”
Establishes the required procedure for the trial court on remand
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Join FLexlaw to unlock all legal intelligenceBorris Moralez had his pretrial release revoked for violation of a noncriminal condition of release. The revocation was not based on probable cause to…
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Petitioner Borris Moralez asks this court to issue a writ of habeas corpus and order the circuit court to grant his immediate release in case F13-27204B. We grant Moralez’s petition for writ of habeas corpus only insofar as we remand to the trial court for an expedited bond hearing pursuant to section 907.041(4)(c), Florida Statutes (2014), and the applicable provisions of Florida Rules of Criminal Procedure 3.131 and 3.132. Moralez shall remain in detention pending the outcome of the hearing.
Petition is granted; remanded for an expedited bond hearing.*
WELLS, Judge.
We treat Petitioner, Borris Moralez’s motion to enforce this court’s October 24, 2014 order granting his petition for writ of habeas corpus as a renewed petition for writ of habeas corpus, which we grant.
In our prior order we remanded this cause to the court below for an expedited bond hearing pursuant to section 907.041(4)(c), Florida Statutes (2014), and the applicable provisions of Florida Rules of Criminal Procedure 3.131 and 3.132. Rather than complying with this court’s order, the trial court judge below summarily reiterated her earlier conclusion that Moralez would be held without bond (and without further hearing) following revocation of his pretrial release for a noncriminal violation of a condition originally imposed.
Based upon our review of the truncated proceeding conducted by Judge Stacy D. Glick on remand, which confirmed our earlier determination that revocation of Mora-lez’s pretrial release was not predicated on a finding of probable cause to believe that Moralez committed a new crime while on pretrial release, and given the trial court’s failure to conduct a proper hearing in accordance with the express terms of our mandate, we order that Moralez be immediately released without a monetary bond but with the same non-monetary conditions as those imposed in his original pretrial release.
This opinion shall take effect immediately; no motions for rehearing will be entertained.