Andrew W. Nielsen v. State

CourtDistrict Court of Appeal of Florida
DecidedJanuary 30, 2017
Docket5D17-253
StatusPublished

This text of Andrew W. Nielsen v. State (Andrew W. Nielsen v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Andrew W. Nielsen v. State, (Fla. Ct. App. 2017).

Opinion

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

ANDREW WYATT NIELSON,

Petitioner,

v. Case No. 5D17-253

STATE OF FLORIDA,

Respondent.

________________________________/

Opinion filed February 1, 2017

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

Robert Wesley, Public Defender, and Joshua Sinclair, Assistant Public Defender, Orlando, for Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

Petitioner, Andrew Wyatt Nielson, petitions this court for a writ of habeas corpus

claiming he is being unlawfully detained in that the trial court did not conduct a full bond

hearing to determine reasonable conditions for pre-trial release pursuant to Florida Rule

of Criminal Procedure 3.131(b). We agree and grant the petition for habeas corpus. We remand the matter back to trial court to conduct a full bond hearing pursuant to Florida

Rule of Criminal Procedure 3.131(b).

PETITION GRANTED, REMANDED FOR FURTHER PROCEEDINGS.

BERGER, WALLIS, JJ., and JACOBUS, B.W., Senior Judge, concur.

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Andrew W. Nielsen v. State, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrew-w-nielsen-v-state-fladistctapp-2017.