ANTHONY RAY RHAGNANAN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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Anthony Ray Rhagnanan petitioned for a writ of habeas corpus challenging his pretrial detention on an attempted second-degree murder charge. The Florida Fifth District Court of Appeal granted the petition, finding that the trial court failed to follow the procedural requirements for pretrial detention under Florida Rule of Criminal Procedure 3.132, as no written motion for pretrial detention was filed and no proper inquiry was made regarding exigent circumstances.
Because attempted second-degree murder is a second-degree felony (not a capital offense or life felony), the defendant is constitutionally entitled to pretrial release on reasonable conditions unless the State files a proper written motion for pretrial detention with particularity and certification of sworn testimony. The court's oral motion was insufficient, and without the proper written motion and inquiry regarding exigent circumstances, the pretrial detention was unlawful.
[1] A person charged with a non-capital offense not punishable by life imprisonment is entitled to pretrial release on reasonable conditions unless the State files a proper m…
[2] A written motion for pretrial detention must be filed with the judicial officer at first appearance, setting forth with particularity the grounds and essential facts supp…
Previewing 2 of 6 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“Unless a person is charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great, the person is entitled to pretrial release on reasonable conditions.”
Establishes the fundamental constitutional entitlement to pretrial release for non-capital, non-life felony charges.
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Join FLexlaw to unlock all legal intelligenceRhagnanan was arrested for attempted second-degree murder, possession of cannabis with intent to sell or deliver, and attempted possession of cannabis…
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Anthony Ray Rhagnanan was arrested for attempted second-degree murder, possession of cannabis with intent to sell or deliver, and attempted possession of cannabis over.twenty grams. At first appearance, the presiding judge granted reasonable bond on the latter two charges but denied bond for the attempted second-degree murder. Rhagnanan petitions for a writ of habeas corpus, arguing that his present pretrial detention without bond is illegal. The State concedes error; We grant the writ and remand for an expedited hearing.
Unless a person is charged with a capital offense or an offense punishable by life imprisonment and the. proof of guilt is evident or the presumption is great, the person is entitled to pretrial release on reasonable conditions. See Art. I, § 14, Fla. Const.; Fla. R. Crim. P. 3.131; Thermidor v. State, 146 So.3d 95, 96 (Fla. 5th DCA 2014). Attempted • second-degree murder is not a capital offense or an offense punishable by life imprisonment. It is a second-degree felony,1 thus entitling Rhagnanan to'a pretrial release on reasonable conditions, absent the court granting a proper motion from the State' seeking pretrial detention. Florida Rule of Criminal Procedure 3.132(a) provides that the State may file with the judicial officer at first appearance a motion seeking pretrial detention, “setting forth with particularity the grounds and the essential facts on which pretrial detention is sought and certifying that the state attorney has received testimony under oath supporting the grounds and the essential facts alleged in the motion.” No such written motion was filed, and the State’s oral motion made at first appearance is nót sufficient under this rule. This rule further provides that if no motion is filed, the judicial officer may inquire whether the State intends to file a motion for ‘pretrial detention, and if so, grant the State no more than three days to file the motion. “Upon’a showing by the State of probable cause that the defendant committed the offense and exigent circumstances, the defendant shall be detained in custody pending the filing of the motion.” Id, Here, the first appearance judge never made this inquiry nor was there a showing or finding of exigent circumstances prior *525to the judge denying bond at the very brief first appearance hearing.
Accordingly, because the procedures for pretrial detention were not followed, we grant thé petition for writ of habeas corpus and remand to the trial court to set an expedited hearing to determine the issue of pretrial release or detention consistent with rules 3.131 and 3.132.
PETITION . GRANTED; CAUSE REMANDED.
EVANDER, BERGER, arid LAMBERT, JJ., copcur.
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Mayorquin v. State of Fla. & Louis A. Quinones, JR. (Fla. 5th DCA 2022)…violation of municipal or county ordinance shall be entitled to pretrial release on reasonable conditions.” Fla. R. Crim. P. 3.131(a); see Art. I, § 14, Fla. Const.; Barton v. State, 310 So. 3d 1120, 1121 (Fla. 5th DCA 2021); Rhagnanan v. State, 232 So. 3d 524, 525 (Fla. 5th DCA 2017); Thermidor v. State, 146 So. 3d 95, 97 (Fla. 5th DCA 2014); Hernandez v. Roth, 890 So. 2d 1173, 1174 (Fla. 3d DCA 2004); see also Thomas v. State, 208 So. 3d 326, 326–27 (Fla. 5th DCA 2017) (“If the State does not move f…
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Barton v. State (Fla. 5th DCA 2021)
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- Fritz Thermidor, Jr. v. State, 146 So. 3d 95 (Fla. 5th DCA 2014)