TONUYA RAINEY, PETITIONER,
v.
AL LAMBERTI, AS SHERIFF OF BROWARD COUNTY, FLORIDA, AND THE STATE OF FLORIDA, RESPONDENTS

Fla. 4th DCA | 2009-03-27
No. 4D09-1033
Polen, J., Taylor, J., Ciklin, J.
9 So. 3d 58 Florida District Court of Appeal, Fourth District (2009) Positive Treatment
Cited by 1 case

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.

Synopsis

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.


Holding

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.


Headnotes

[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

Key Quotes

“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.

Facts & Procedural History

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.


Opinion of the Court
PER CURIAM.

PER CURIAM.

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

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw