TOMMIE STEVEN HENRY
v.
STATE OF FLORIDA
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A defendant charged with a life felony is entitled to a full hearing at which to present evidence regarding bond, even when the state has demonstrated evident proof of guilt and great presumption of guilt at first appearance.
[1] A defendant charged with a life felony offense is entitled to a full hearing on the issue of bond at which he may present evidence regarding his guilt and amenability to…
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Join FLexlaw to unlock all legal intelligence“Henry is still entitled to a full hearing at which he may come forward to present testimony of witnesses or other evidence pertaining to his guilt and his amenability to bond.”
Court's explanation of defendant's rights despite serious charges
Henry was charged with attempted first-degree murder with a firearm, shooting into an occupied vehicle, and possession of a firearm by a convicted fel…
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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
TOMMIE STEVEN HENRY,
Petitioner, v. Case No. 5D20-2072
STATE OF FLORIDA,
Respondent. ________________________________/
Opinion filed December 28, 2020
Petition For Writ of Habeas Corpus, A Case of Original Jurisdiction.
Candace A. Hawthorne, of Hawthorne Law Firm, P.A., Tavares, for Petitioner.
Ashley Moody, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Respondent.
PER CURIAM.
Tommie Steven Henry petitions this court for a writ of habeas corpus after the Circuit Court ordered him held without bond pending trial on one count of attempted firstdegree murder with a firearm, a life felony, shooting into an occupied vehicle, and possession of a firearm by a convicted felon.1 We grant the petition.
2
Henry was denied bond at his first appearance hearing. Subsequently, Henry’s counsel filed a motion requesting either that Henry be released on his own recognizance or that a reasonable bond be set. The trial court denied the motion without a hearing.
A petition for writ of habeas corpus is the appropriate vehicle for challenging an order denying pretrial release. See Greenwood v. State, 51 So. 3d 1278, 1279 (Fla. 2d DCA 2011). In this case, although Henry is charged with an offense punishable by life in prison and the State demonstrated that the proof of guilt is evident and the presumption is great at his first appearance hearing, Henry is still entitled to a full hearing at which he may come forward to present testimony of witnesses or other evidence pertaining to his guilt and his amenability to bond. See Rosa v. State, 21 So. 3d 115 (Fla. 5th DCA 2009).
Accordingly, we grant the petition for writ of habeas corpus and direct the trial court to hold a hearing at which it shall afford Henry an opportunity to present evidence with regard to bond.
PETITION GRANTED AND REMANDED WITH INSTRUCTIONS.
ORFINGER, WALLIS and LAMBERT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Greenwood v. State, 51 So. 3d 1278 (Fla. 2d DCA 2011)
- Benny Rosa v. State, 21 So. 3d 115 (Fla. 5th DCA 2009)