PAUL MATTHEW CALZETTA
v.
STATE OF FLORIDA AND BRYAN R. HOLT, CHIEF OF CORRECTIONS, OSCEOLA COUNTY, FLORIDA

Fla. 5th DCA | 2019-04-22
No. 19-1065
Evander, C.J., Harris, J., Grosshans, J.
14 Fla. L. Weekly 1527 Florida District Court of Appeal, Fifth District (2019)
Also reported at: 1989 Fla. App. LEXIS 3617 · 1989 WL 68224 · 268 So. 3d 273

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Holding

A motion to modify bail on a felony charge must be heard by a court in person with the defendant present and at least three hours' notice to the state attorney, and cannot be denied without such a hearing.

Headnotes

[1] A motion to modify bail on a felony charge cannot be denied without an in-person hearing with the defendant present and at least three hours' prior notice to the state at…

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Key Quotes

“[a]n application for modification of bail on any felony charge must be heard by a court in person, at a hearing with the defendant present, and with at least three hours' notice to the state attorney.”

Court citing Florida Statute § 903.035(2) and Florida Rule of Criminal Procedure 3.131(d)(2) regarding the mandatory procedural requirements for bail modification motions.
Facts & Procedural History

Petitioner was charged with trafficking methamphetamine and possession with intent to sell. After bonding out, he violated a pretrial release conditio…

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Topics
Revocation Of Pretrial Release Hearsay Evidence In Probation Revocation Hearings Stream Of Commerce Pretrial Release

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Opinion of the Court
Cause Remanded. Evander

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO

FILE MOTION FOR REHEARING AND

DISPOSITION THEREOF IF FILED

PAUL MATTHEW CALZETTA,

Petitioner,

v. Case No. 5D19-1065

STATE OF FLORIDA AND BRYAN R. HOLT,

CHIEF OF CORRECTIONS, OSCEOLA

COUNTY, FLORIDA.

Respondents. ________________________________/

Opinion filed April 22, 2019

Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction.

Anton J. Nace, of Law Office of Anton J. Nace, P.A., Orlando, for Petitioner.

Ashley Moody, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Respondents.

PER CURIAM.

Petitioner, Paul Matthew Calzetta, seeks a writ of habeas corpus directing the lower court to hold a hearing for the purposes of setting a new bond and reasonable conditions for pretrial release. We grant the petition, quash the order denying the motion to set bond after recommitment, and remand to the lower court for a hearing.

Footnotes
2 The State charged Petitioner with Trafficking in 200 Grams or More of Methamphetamine and Possession of a Controlled Substance with Intent to Sell or Deliver, which are felony offenses. Petitioner bonded out of custody, but later violated a condition of his pretrial release by failing to complete a drug test. The State filed a motion to revoke Petitioner’s pretrial release, which the lower court granted. The court then set Petitioner’s bond at zero. Subsequently, Petitioner filed a motion to set a new bond, which was denied without a hearing. As required by both statute and rule, “[a]n application for modification of bail on any felony charge must be heard by a court in person, at a hearing with the defendant present, and with at least three hours’ notice to the state attorney.” § 903.035(2), Fla. Stat. (2017); cf. Fla. R. Crim. P. 3.131(d)(2). Thus, Petitioner’s motion to set a new bond was improperly denied without a hearing. See Moore v. State, 247 So. 3d 672, 673 (Fla. 5th DCA 2018). Accordingly, we grant the petition, quash the order under review, and remand this matter to the lower court for a proper hearing. PETITION GRANTED; ORDER QUASHED; and CAUSE REMANDED. EVANDER, C.J., HARRIS and GROSSHANS, JJ., concur.

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