GARY LEE KENDALL
v.
STATE OF FLORIDA AND LOUIS QUINONES, JR., AS CHIEF OF ORANGE COUNTY CORRECTIONS
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A defendant not charged with a capital felony or life felony must be released on reasonable conditions when the State has not sought pretrial detention.
[1] A defendant charged with a non-capital, non-life felony is entitled to release on reasonable conditions of release when the State has not sought pretrial detention pursua…
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Join FLexlaw to unlock all legal intelligence“the State did not seek pretrial detention”
The court's basis for granting the habeas petition, noting the State's concession
Gary Lee Kendall was detained in Orange County Corrections. The State did not seek pretrial detention against him, and he was not charged with a capit…
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
GARY LEE KENDALL,
Petitioner,
v. Case No. 5D20-0270
STATE OF FLORIDA AND
LOUIS QUINONES, JR., AS
CHIEF OF ORANGE COUNTY
CORRECTIONS,
Respondents.
________________________________/
Opinion filed February 6, 2020
Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction.
Robert Wesley, Public Defender, and Robert Adams, Assistant Public Defender, Orlando, for Petitioner.
Ashley Moody, Attorney General, Tallahassee, and Richard A. Pallas, Jr., Assistant Attorney General, Daytona Beach, for Respondent State of Florida.
No Appearance for Remaining Respondent.
PER CURIAM.
We grant the petition for writ of habeas corpus because, as the State candidly concedes, “the State did not seek pretrial detention” and Kendall is not charged with a capital felony or a felony punishable by life imprisonment. See Rodriguez v. State, 269
2 So. 3d 639, 640 (Fla. 5th DCA 2019). We do so without prejudice to the State filing a motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132, should it choose to do so. Rodriguez, 269 So. 3d at 640. We therefore remand for an expedited hearing which will either address such a motion, if filed, or determine reasonable conditions of release. Fla. R. Crim. P. 3.131.
PETITION GRANTED.
EISNAUGLE, HARRIS, and TRAVER, JJ., concur.