TONUYA RAINEY, PETITIONER,
v.
AL LAMBERTI, AS SHERIFF OF BROWARD COUNTY, FLORIDA, AND THE STATE OF FLORIDA, RESPONDENTS
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
Habeas corpus petition granted and remanded because the trial court failed to consider appropriate pretrial release factors under Florida law when setting bond, despite the bond amount itself not being inherently problematic.
A trial court must consider the statutory pretrial release factors under Florida Rule of Criminal Procedure 3.131(b)(3) and section 903.046 when setting bond, and habeas corpus relief is appropriate when the record shows these factors were not considered.
[1] A trial court's failure to consider the statutory pretrial release factors under Florida Rule of Criminal Procedure 3.131(b)(3) and section 903.046, Fla. …
Previewing 1 of 1 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Other circumstances, not apparent in the record before this court, may justify a higher bond, the same bond, or additional conditions and requirements.”
Court explaining that on remand, the trial court may consider additional evidence and circumstances to properly set bond with appropriate conditions.
Tonuya Rainey was held on a $185,000 bond. The state conceded that the trial court failed to consider the appropriate pretrial release factors when se…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Pretrial Release cases and more on FLexlaw
Tonuya A. Rainey seeks habeas corpus relief from her bond set in the amount of $185,000.00. We grant the petition and remand for an evidentiary hearing on Rainey’s financial resources and all other appropriate criteria. See Sparkman v. State, 994 So.2d 504 (Fla. 4th DCA 2008); Martin v. Jenne, 745 So.2d 412 (Fla. 4th DCA 1999); Patterson v. Neuman, 707 So.2d 946 (Fla. 4th DCA 1998). It is not the increase in the bond amount from that stated in the arrest warrant that is problematic. State v. Norri.s, 768 So.2d 1070 (Fla.2000); Mata v. Lwmberti, 993 So.2d 642 (Fla. 4th DCA 2008). Rather, as the state concedes, the trial court failed to consider the appropriate pretrial release factors. See Fla.R.Crim.P. 3.131(b)(3); § 903.046, Fla. Stat. (2008); see also Cepe-ro v. Mascara, 981 So.2d 671 (Fla. 4th DCA 2008). Where the evidence at a bond hearing is insufficient on this criteria, ha-beas corpus should be granted and the cause remanded to the trial court for a new determination. Patterson, 707 So.2d at 947.
As we noted in Cepero, “[Ojther circumstances, not apparent in the record before this court, may justify a higher bond, the same bond, or additional conditions and requirements.” 981 So.2d at 672. Accordingly, we grant the petition. On remand, the trial court may consider additional evidence regarding the bond, its amount, and any appropriate conditions associated with pretrial release. See Fla. R.Crim. P. 3.131(b)(3); § 903.046, Fla. Stat. (2008).
POLEN, TAYLOR and CIKLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Carter v. State (15th Cir. Ct. App. Div. 2019)
Authorities Cited
- State v. Norris, 768 So. 2d 1070 (Fla. 2000)
- Davis v. State, 707 So. 2d 946 (Fla. 4th DCA 1998)
- Darryll Patterson v. Neuman, 707 So. 2d 946 (Fla. 4th DCA 1998)
- W.G. Lassiter, Jr. v. Kimmick, 745 So. 2d 412 (Fla. 4th DCA 1999)
- Martin v. Jenne, 745 So. 2d 412 (Fla. 4th DCA 1999)
- Cepero v. Mascara, 981 So. 2d 671 (Fla. 4th DCA 2008)
- Mata v. Al Lamberti, 993 So. 2d 642 (Fla. 4th DCA 2008)
- Sparkman v. State, 994 So. 2d 504 (Fla. 4th DCA 2008)