JOSE ACEVEDO
v.
STATE OF FLORIDA
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A trial court must conduct a pretrial release hearing and set a bond when the State has not motioned for pretrial detention.
[1] A trial court must conduct a pretrial release hearing and set a bond pursuant to Florida Rule of Criminal Procedure 3.131 when the State has not motioned for pretrial det…
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Join FLexlaw to unlock all legal intelligenceJose Acevedo was charged with battery. The trial court failed to set a bond on the charge despite the State not requesting pretrial detention.…
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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
JOSE ACEVEDO, Petitioner, v. Case No. 5D22-0480 Lower Case No. 2022-CF-001247-A-O
CORRECTED
STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed March 2, 2022 Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction. Robert Wesley, Public Defender, Latisha George and Tyler Alexander Branz, Assistant Public Defenders, Orlando, for Petitioner. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Respondent.
PER CURIAM.
2 Jose Acevedo (“Petitioner”) petitions our court for a writ of habeas corpus. Although the State had not motioned for pretrial detention, the trial court failed to set a bond on Petitioner’s battery charge. The State properly concedes error. See Thomas v. State, 208 So. 3d 326, 326–27 (Fla. 5th DCA 2017). We grant the petition and direct the trial court to conduct a pretrial release hearing pursuant to Florida Rule of Criminal Procedure 3.131 no later than two business days following the issuance of this opinion.
PETITION GRANTED.
EVANDER, SASSO, AND COHEN, JJ., concur.