GORMAN J. ROBERTS, PETITIONER,
v.
STATE OF FLORIDA AND AL LAMBERTI, AS SHERIFF OF BROWARD COUNTY, FLORIDA, RESPONDENTS
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The court held that a magistrate's failure to consider conditions of release before denying bond warrants habeas corpus relief.
Petitioner was arrested and held without bond on multiple charges. The magistrate denied bond based on danger to the community without considering alt…
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On our own motion we withdraw the opinion issued on June 26, 2009, and substitute the following:
Petitioner Gorman J. Roberts filed this habeas corpus petition seeking release from his detention following a decision by the magistrate to deny release on bond. We grant the petition and remand for further proceedings forthwith.
Petitioner Roberts was arrested for aggravated battery with a deadly weapon, criminal mischief and violation of an injunction for protection from domestic violence. Upon arrest, no bond was set. At a first appearance hearing, the presiding judge held him without bond on each count on the grounds that he was a danger to the community. This finding came after the prosecutor told the judge that petitioner had a prior conviction for loitering and for shooting/throwing a deadly missile. The prosecutor also told the court that petitioner’s offenses violated an injunction previously entered. Defense counsel’s objection and argument that the charges were bond-able offenses was overruled summarily by the judge.
The prosecutor did not move for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132. The magistrate failed to consider whether there were any conditions of release which could reasonably protect the community from risk of physical harm. Florida Rule of Criminal Procedure 3.131(b). In these circumstances, petitioner is entitled to habeas corpus relief. See, e.g., Rodriguez v. Jenne, 963 So.2d 933 (Fla. 4th DCA 2007). See also Lee v. State, 956 So.2d 1292 (Fla. 4th DCA 2007).
Respondent has filed a response to this court’s order to show cause agreeing that the case should be remanded for a hearing on the subject of bond.
Accordingly, we grant the petition for writ of habeas corpus and remand to the trial court for further bond proceedings forthwith and in accordance with this opinion.
POLEN, FARMER and MAY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Osias v. Ric L. Bradshaw, 84 So. 3d 1283 (Fla. 4th DCA 2012)…PER CURIAM. Jerry Osias petitions this court for a writ of habeas corpus as the trial court denied his motion to set bond. We grant the petition because of the lack of findings to support that denial. See Roberts v. State, 10 So. 3d 1209 (Fla. 4th DCA 2009); Golden v. Crow, 862 So. 2d 903 (Fla. 2d DCA 2003). Upon remand, the trial court shall either promptly set a reasonable bond or make the requisite findings in support of denial of bond. Roberts, 10 So. 3d 1209. Accordingly, we…1 / 2
Authorities Cited
- Octavia LEE v. State, 956 So. 2d 1292 (Fla. 4th DCA 2007)
- Rodriguez v. Jenne, 963 So. 2d 933 (Fla. 4th DCA 2007)