Blount v. Spears

District Court of Appeal of Florida

Blount v. Spears

779 So. 2d 672, 2001 Fla. App. LEXIS 4253, 2001 WL 321905

CourtDistrict Court of Appeal of Florida

DecidedApril 3, 2001

DocketNo. 3D01-854

StatusPublished

Cited by1 cases

This text of 779 So. 2d 672 (Blount v. Spears) 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

Blount v. Spears, 779 So. 2d 672, 2001 Fla. App. LEXIS 4253, 2001 WL 321905 (Fla. Ct. App. 2001).

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Opinion

PER CURIAM.

At arraignment, the trial judge revoked the defendant’s release to pretrial services supervision as directed by the committing magistrate at first appearance and ordered him held instead on the $9,000.00 standard bond solely because the defendant had addressed the court disrespectfully. As the state has candidly conceded, the action below — as opposed perhaps to a contempt proceeding — cannot be justified on such a ground. See Montgomery v. Jenne, 744 So.2d 1148 (Fla. 4th DCA 1999). Hence, [673]*673this application for habeas corpus is granted to the extent that the petitioner is ordered released from jail and restored to the terms of pretrial services release supervision as initially ordered.

Habeas corpus granted.

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PER CURIAM.

At arraignment, the trial judge revoked the defendant’s release to pretrial services supervision as directed by the committing magistrate at first appearance and ordered him held instead on the $9,000.00 standard bond solely because the defendant had addressed the court disrespectfully. As the state has candidly conceded, the action below — as opposed perhaps to a contempt proceeding — cannot be justified on such a ground. See Montgomery v. Jenne, 744 So.2d 1148 (Fla. 4th DCA 1999). Hence, [673]*673this application for habeas corpus is granted to the extent that the petitioner is ordered released from jail and restored to the terms of pretrial services release supervision as initially ordered.

Habeas corpus granted.

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Bluebook (online)

779 So. 2d 672, 2001 Fla. App. LEXIS 4253, 2001 WL 321905, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blount-v-spears-fladistctapp-2001.

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