Fenton v. State
JOHN FENTON, Petitioner, v. STATE OF FLORIDA, and KEN JENNE, Sheriff, Broward County, Respondents.
No. 4D07-1550
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT
April 27, 2007, Decided
PRIOR HISTORY: [*1] Petition for writ of habeas corpus to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Jeffrey Levenson, Judge; L.T. Case No. 07-2831 CF10A.
COUNSEL: Howard Finkelstein, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, Ft. Lauderdale, for petitioner.
Bill McCollum, Attorney General, Tallahassee, and Thomas A. Palmer, Assistant Attorney General, West Palm Beach, for respondent, State of Florida.
JUDGES: Stevenson, C.J., Stone and Hazouri, JJ., concur.
OPINION: PER CURIAM.
John Fenton petitions this court for a writ of habeas corpus to review a circuit court order sua sponte increasing his bond from $ 500.00 to $ 5,000.00. We grant the petition.
The record does not reflect whether the information the court relied on in increasing Fenton’s bond was new information that was not considered by the first appearance judge who set bond. “The State has the burden of proving that there is a change in circumstances or new information that warrants the increase or revocation of bond.” Goelz v. Bradshaw, 906 So. 2d 1234, 1235 (Fla. 4th DCA 2005). In addition, the state acknowledges that Fenton is entitled to notice under Florida Rule of Criminal Procedure 3.131(d)(2) [*2] before bond is increased.
The circuit court’s order is quashed. Our decision is without prejudice for the state to move to modify bond on remand.
STEVENSON, C.J., STONE and HAZOURI, JJ., concur.