IDA KENDRICK-NELSON, PETITIONER,
v.
MARYDELL GUEVARA, ETC., ET AL., RESPONDENTS
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Kendrick-Nelson sought habeas corpus relief challenging her pretrial detention following a violation of conditions of release. The court granted the petition because the trial court failed to make required findings that her failure to appear was willful and that no reasonable conditions of release could protect the community and ensure her appearance.
A trial court must make express findings that a failure to appear was willful and that no reasonable conditions of release can protect the community from risk of physical harm and assure the defendant's presence at trial before ordering pretrial detention for violation of conditions of release. Absent these findings, pretrial detention is improper.
[1] A trial court must find that a defendant's failure to appear was willful before ordering pretrial detention for violating a condition of release.
[2] A trial court must make specific findings that no reasonable conditions of release can protect the community or assure the defendant's appearance before ordering pretrial…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Before a trial court may order pretrial detention of a defendant for violating a condition of release by a failure to appear, the court must find that the failure to appear was willful.”
Establishes the mandatory requirement for a willfulness finding based on State v. Blair
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceKendrick-Nelson violated a condition of her pretrial release by failing to appear. The trial court ordered her pretrial detention without making expre…
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Kendrick-Nelson filed a petition for writ of habeas corpus, contending that the trial court failed to make the necessary findings and determination that her violation of a condition of release (i.e., her failure to appear) was willful and that there were no reasonable conditions of pretbial release to protect the community from risk of physical harm to person and to assure Kendrick-Nelson’s appearance in court.
A'review of the record - reveals that the trial court failed. to make the necessary, findings.1 Before a trial court may order pretrial detention of a defendant for violating a condition of release by a failure to appear, the court must find that the - failure to appear was willful. State v. Blair, 39 So.3d 1190, 1191 (Fla. 2010).. The .trial court did not make a finding of willfulness.
Further, the trial court failed to make the additional finding required by section 907.041, Florida Statutes' (2016), which provides in pertinent part:
(c) The court may order pretrial detention if it finds a substantial probability, based on a defendant’s past and present patterns of behavior, the criteria in s. 903.046, and any other relevant facts, that any of the following circumstances exists:
7. The defendant has violated one or more conditions of pretrial release or bond for the offense currently before the court and the violation, in the discretion of the court, supports a finding 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.
§ 907.041(4)(c)7, Fla. Stat. (2016) (emphasis added). See also Art. I, § 14, Fla. Const.; Fla. R.Crim. P. 3.131(a).
Given the absence of any such findings, we grant the petition, withhold formal issuance of the writ, and direct the trial court to immediately conduct a hearing and for further proceedings consistent with this opinion. This opinion shall become effective immediately, notwithstanding the filing of any motion for rehearing.
Petition granted.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Britney S. Fernald v. Grady C. Judd (Fla. 2d DCA 2021)…sed solely upon evidence produced at the hearing and shall contain findings of fact and conclusions of law to support it, [which the court must render] within 24 hours of the pretrial detention hearing."); see also, e.g., Kendrick-Nelson v. Guevara, 187 So. 3d 913, 914 (Fla. 3d DCA 2016) (holding that the trial court failed to make the necessary 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" (q…
Authorities Cited
- State v. Blair, 39 So. 3d 1190 (Fla. 2010)
- Lisbeth C. Parra v. Coconut Grove Bank, 143 So. 3d 1155 (Fla. 3d DCA 2014)
- Mendoza v. Cross, 143 So. 3d 1155 (Fla. 3d DCA 2014)