Rodriguez v. Jenne
ANTONIO RODRIGUEZ, Petitioner, v. KENNETH JENNE, as Sheriff of Broward County, Respondent.
No. 4D07-3275
COURT OF APPEAL OF FLORIDA, FOURTH DISTRICT
September 4, 2007, Decided
PRIOR HISTORY: [*1]
Petition for writ of habeas corpus to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Catalina Avalos, Judge; L.T. Case No. 07-10478 CF10A.
COUNSEL: Frank Negron III, Davie, for petitioner.
Bill McCollum, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for respondent.
JUDGES: POLEN, GROSS and MAY, JJ., concur.
OPINION
PER CURIAM.
Antonio Rodriguez petitions this court for a writ of habeas corpus alleging that he is being illegally held without bond. He is charged with five counts arising from the death of a pedestrian during a traffic accident, including DUI manslaughter.
At the first appearance hearing, the state made an oral request to hold petitioner without bond, but the state did not file a motion for pretrial detention. After considering the circumstances in this case, petitioner’s driving record, and a failure to appear in a separate case, the court denied bond on count I, over defense counsel’s objection, and set bond on the remaining counts.
Because the state did not file a motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132, the trial court did not have authority to deny petitioner bond and instead [*2] was required to consider conditions of release pursuant to Florida Rule of Criminal Procedure 3.131(b)(1). Resendes v. Bradshaw, 935 So. 2d 19 (Fla. 4th DCA 2006); see also Duffy v. Crowder, 960 So. 2d 909, 32 Fla. L. Weekly D1774 (Fla. 4th DCA July 23, 2007).
Accordingly, we grant the petition for writ of habeas corpus and remand for a hearing to determine conditions of pretrial release or for a pretrial detention hearing if the state files a proper motion. The trial court shall hold the hearing within three business days following the issuance of this opinion.
POLEN, GROSS and MAY, JJ., concur.