GUILLAUME
v.
STATE

Fla. 5th DCA | 2018-05-23
No. Case No. 5D18–1486
Frank, Ryder, Scheb
244 So. 3d 416 Florida District Court of Appeal, Fifth District (2018)

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Synopsis

The Fifth District Court of Appeal of Florida granted a petition for a writ of habeas corpus, ordering the trial court to hold a hearing on the petitioner's motion to reduce bail. The court's decision was based on its reasoning in a related case, Moore v. State.


Holding

The court granted the petition for a writ of habeas corpus and directed the trial court to conduct a proper hearing on Guillaume's motion to reduce bail.


Headnotes

[1] A trial court must conduct a proper hearing on a defendant's motion to reduce bail under Rule 3.131 of the Florida Rules of Criminal Procedure.

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Key Quotes

“For the reasons set forth in our opinion in Moore v. State, No. 5D18-1474 (Fla. 5th DCA May 23, 2018), we grant the petition and direct the trial court to conduct a proper hearing on Guillaume’s rule 3.131 motion.”

This quote explains the court's decision to grant the habeas corpus petition and the basis for that decision, referencing a related case and the specific rule governing bail motions.

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Facts & Procedural History

Devin Guillaume petitioned for a writ of habeas corpus, seeking either his release or a hearing on his motion to reduce bail. The petition was filed i…

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Opinion of the Court

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT INTERIM NON-DISPOSITIVE OPINION. NO MANDATE WILL BE ISSUED AT THIS TIME. DEVIN MICHAEL GUILLAUME, Petitioner,

v. Case No. 5D18-1486 STATE OF FLORIDA AND CORNITA A. RILEY, AS CHIEF OF ORANGE COUNTY CORRECTIONS, Respondents. ________________________________/ Opinion filed May 23, 2018 Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction.

Robert Wesley, Public Defender, and Robert Adams, Assistant Public Defender, Orlando, for Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Respondents.

PALMER, J. Devin Guillaume petitions this court for a writ of habeas corpus, seeking either his immediate release or a hearing on his motion to reduce bail. For the reasons set forth in our opinion in Moore v. State, No. 5D18-1474 (Fla. 5th DCA May 23, 2018), we grant the petition and direct the trial court to conduct a proper hearing on Guillaume’s rule 3.131 motion.1 See Fla. R. Crim. P. 3.131.

PETITION GRANTED; CAUSE REMANDED.

ORFINGER and EDWARDS, JJ., concur.

Footnotes
1 The petition for writ of habeas corpus was previously granted by order on May 14, 2018, with an opinion to follow.

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