RICARDO JACINTO DIAZ
v.
DANIEL JUNIOR, ETC.
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A trial court must conduct an evidentiary hearing and take evidence on all statutory factors, including the defendant's financial resources, before denying a motion for bond reduction.
[1] A trial court must conduct an evidentiary hearing and take evidence on all statutory factors for pretrial release, including the defendant's financial resources, before e…
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Join FLexlaw to unlock all legal intelligenceRicardo Jacinto Diaz moved for bond reduction, but the trial court held a non-evidentiary hearing where Diaz was not permitted to testify regarding hi…
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PER CURIAM.
Petitioner, Ricardo Jacinto Diaz, seeks a writ of habeas corpus as a result of the denial of his motion for bond reduction. See Fla. R. Crim. P. 3.131(d)(3). The trial court held a non-evidentiary hearing where Diaz was not permitted to testify as to his financial resources and denied the motion.
Yearby v. State, 306 So. 3d 1141 (Fla. 3d DCA 2020), and Camara v. State, 916 So. 2d 946 (Fla. 3d DCA 2005), mandate that in order to make a bond determination and exercise its discretion, the trial court must take evidence and make findings on the statutory factors for setting conditions for pretrial release. See § 903.046, Fla. Stat. (2021); Fla. R. Crim. P. 3.131(b)(3).
Accordingly, we grant the petition and remand for an evidentiary hearing on Diaz’s financial resources and all other appropriate criteria. See Hughes v. Raymond, 916 So. 2d 985, 986 (Fla. 4th DCA 2005).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Camara v. State, 916 So. 2d 946 (Fla. 3d DCA 2005)
- Hughes v. Raymond, 916 So. 2d 985 (Fla. 4th DCA 2005)