PHILLIP LEROY FURTNEY, PETITIONER,
v.
STATE OF FLORIDA, ET AL., RESPONDENTS

Fla. 5th DCA | 1996-09-10
No. 96-2422
PETERSON, C.J., and COBB and GRIFFIN, JJ., concur.
679 So. 2d 68 Florida District Court of Appeal, Fifth District (1996) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

The petitioner seeks habeas corpus review of an order of the trial court denying his motion for bond.

We grant the petition for writ of habeas corpus. We remand for the trial court either to set reasonable bail for petitioner’s release, or to set forth the findings in writing which satisfy the requirements for pre-trial detention of section 907.041, Florida Statutes and Florida Rule of Criminal Procedure 3.132(c)(2). The lower court shall act forthwith and in no event later than 5:00 P.M., September 11,1996.

PETITION FOR WRIT OF HABEAS CORPUS GRANTED.

PETERSON, C.J., and COBB and GRIFFIN, JJ., concur.


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  • Metzger v. Cochran, 694 So. 2d 842 (Fla. 4th DCA 1997)
    …retrial 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 which the trial court should consider whether there are any conditions of release that can assure the safety of…

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