ANGELO CARTHEN, PETITIONER,
v.
RICHARD P. WILLE AS SHERIFF OF PALM BEACH COUNTY, FLORIDA, AND THE HONORABLE RICHARD I. WENNET, JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, OR ANY SUCCESSOR JUDGE; AND STATE OF FLORIDA, RESPONDENTS
ANGELO CARTHEN, PETITIONER,
RICHARD P. WILLE AS SHERIFF OF PALM BEACH COUNTY, FLORIDA, AND THE HONORABLE RICHARD I. WENNET, JUDGE OF THE FIFTEENTH JUDICIAL CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA, OR ANY SUCCESSOR JUDGE; AND STATE OF FLORIDA, RESPONDENTS
602 So. 2d 696
Florida District Court of Appeal, Fourth District (1992)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM.
Petitioner filed a petition for writ of ha-beas corpus seeking review of the trial court’s order revoking his pretrial bond. Petitioner contends and the state concedes that petitioner does not meet the requirements for pretrial detention pursuant to section 907.041(4)(b)4, Florida Statutes (1991). See also Gomez v. Hinckley, 473 So. 2d 809 (Fla. 4th DCA 1985).
Accordingly, we grant the petition for writ of habeas corpus and remand this case with directions to the trial court to set a reasonable bond within 48 hours.
DOWNEY, LETTS and FARMER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Metzger v. Cochran, 694 So. 2d 842 (Fla. 4th DCA 1997)…tor in determining bail or other conditions, Fla. R.Crim. P. 3.131(b)(3), it cannot be the entire basis for pretrial detention, see § 907.041(4)(b)4.a-e. See also State ex rel. Neicen v. Navarro, 603 So. 2d 136 (Fla. 4th DCA 1992); Carthen v. Wille, 602 So. 2d 696 (Fla. 4th DCA 1992); Gomez v. Hinckley, 473 So. 2d 809 (Fla. 4th DCA 1985); Furtney v. State, 679 So. 2d 68 (Fla. 5th DCA 1996). Accordingly, we vacate the order granting the State’s motion to revoke bond and remand for further proceedings, in whi…
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Wheeler v. State, 634 So. 2d 213 (Fla. 4th DCA 1994)…over the audits. We recognize that the state has attempted to cure the record deficiency by supplying information to this court in an appendix.1 However, this is insufficient to cure the lack of support for the court’s order. See Jackson v. State, 602 So. 2d 696 (Fla. 4th DCA 1992); McGrady v. State, 591 So. 2d 270 (Fla. 4th DCA 1991). STONE, WARNER and POLEN, JJ., concur. . It does not appear that the state filed a response in the trial court.…
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Rollie Gilliam v. State, 857 So. 2d 1006 (Fla. 4th DCA 2003)…m. Vencil v. State, 715 So. 2d 334 (Fla. 1st DCA 1998). The attachment of portions of the record to the order of denial is essential for this court to perform its review function under Florida Rule of Appellate Procedure 9.140(g). Jackson v. State, 602 So. 2d 696 (Fla. 4th DCA 1992). If the record does not conclusively refute a facially sufficient claim, then an evidentiary hearing must be held. Otherwise, a mov-ant would have no way to challenge the assistant state attorney’s assertions of fact. The State’…
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- Gomez v. The Honorable Harry G. Hinckley, Jr., 473 So. 2d 809 (Fla. 4th DCA 1985)