VERDELL J. HILL, JR., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 2014-11-10
No. 5D14-3470
BERGER and LAMBERT, JJ., concur,
152 So. 3d 56 Florida District Court of Appeal, Fifth District (2014)

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

Petitioner Hill sought habeas corpus relief challenging the trial court's order revoking his pretrial bond without making the required findings of fact. The appellate court partially granted the petition and remanded for the trial court to determine whether Petitioner willfully violated a bond condition and whether reasonable conditions of release could assure his presence at trial.


Holding

The trial court failed to comply with statutory and rule requirements by not making findings of fact to support the bond revocation. The court must make written findings addressing both whether Petitioner willfully violated a pretrial release condition and whether reasonable conditions of release could assure his presence at trial.


Headnotes

[1] A trial court's pretrial detention order must be based solely on evidence produced at the hearing and contain findings of fact and conclusions of law to support it.

[2] A trial court must make written findings as to whether a defendant willfully violated a condition of pretrial release.

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Key Quotes

“The court's pretrial detention order shall be based solely on evidence produced at the hearing and shall contain findings of fact and conclusions of law to support it.”

Establishes the statutory requirement that bond revocation orders must contain written findings of fact based on evidence presented at a hearing.

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Facts & Procedural History

Hill was arrested on April 5, 2014, for aggravated battery and bonded out prior to first appearance. While on pretrial release, he contacted the alleg…

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Opinion of the Court
WALLIS, J.

WALLIS, J.

Petitioner seeks a writ of habeas corpus challenging the trial court’s order, which revoked his pretrial bond and denied his motion for rehearing. Petitioner further seeks the reinstatement of his bond. We partially grant the petition and remand for the trial court to determine and make written findings as to whether Petitioner willfully violated ■ a condition of his pretrial release and whether there are any reasonable conditions of release which would assure Petitioner’s presence at trial.

On April 5, 2014, Petitioner was arrested and charged with aggravated battery. Petitioner bonded out prior to first appearance. While on pretrial release, Petitioner contacted the alleged victim on two occasions. The State filed a motion to revoke Petitioner’s bond pursuant to Florida Rule *57of Criminal Procedure 3.131(f),1 citing the contact between Petitioner and the victim. Due to confusion with the electronic filing system, Petitioner’s attorney was not provided a copy of the motion to revoke bond. On July 14, 2014, prior to Petitioner’s counsel receiving a copy of the motion to revoke bond, the trial court issued an order granting the State’s motion without a hearing.

On July 17, 2014, Petitioner filed an emergency motion for hearing and reinstatement of bond, arguing the court never imposed a no-vietim-contact provision as a bond condition and, therefore, the alleged contact with the victim could not have violated his bond. The trial court heard legal arguments but received no evidence during the hearing on the emergency motion. The trial court denied the emergency motion, and Petitioner was arrested on August 20, 2014. Petitioner remains incarcerated.

Florida Rule of Criminal Procedure 3.131(g) provides for a trial court to order the arrest and commitment of a defendant who is released on bail where:

(1) there has been a breach of the undertaking;
(2) it appears that the defendant’s sureties or any of them are dead or cannot be found or are insufficient or have ceased to be residents of the state; or
(3) the court is satisfied that the bail should be increased or new or additional security required.

Fla. R. Crim. P. 3.131(g).

The State has the burden of proving that there is a change in circumstances or that new information warrants the increase or revocation of bond. Lee v. Bieluch, 855 So.2d 713 (Fla. 4th DCA 2003). Florida Rule of Criminal Procedure 3.132(c)(2) states, in relevant part, that “[t]he court’s pretrial detention order shall be based solely on evidence produced at the hearing and shall contain findings of fact and conclusions of law to support it. The order shall be made either in writing or orally on the record.” Likewise, section 907.041(4)(i), Florida Statutes (2014), provides that:

The pretrial detention order of the court shall be based solely upon evidence produced at the hearing and shall contain findings of fact and conclusions of law to support it. The order shall be made either in writing or orally on the record. The court shall render its findings within 24 hours of the pretrial detention hearing.

§ 907.041(4)(i), Fla. Stat.

In the present case, neither the trial court’s order granting the State’s motion to revoke bond nor the court’s order denying Petitioner’s emergency motion contained findings of fact to support the bond revocation. The audio recording of the evidentiary hearing also reveals that the court did not make any oral findings as to whether Petitioner violated his pretrial release. Therefore, we grant the petition in part and remand to the trial court to make written findings as to both whether the Petitioner willfully violated a condition of his pretrial release and whether there are any reasonable conditions of release that would assure Petitioner’s presence at trial. See Smith v. State, 933 So.2d 689 (Fla. 5th DCA 2006).

*58PETITION GRANTED in part; REMANDED with instructions.

BERGER and LAMBERT, JJ., concur,


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