Guerrero v. McRay

District Court of Appeal of Florida

Guerrero v. McRay

928 So. 2d 478, 2006 Fla. App. LEXIS 6804, 2006 WL 1195848

CourtDistrict Court of Appeal of Florida

DecidedMay 4, 2006

DocketNo. 3D06-1069

StatusPublished

This text of 928 So. 2d 478 (Guerrero v. McRay) 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

Guerrero v. McRay, 928 So. 2d 478, 2006 Fla. App. LEXIS 6804, 2006 WL 1195848 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

Alexander Guerrero seeks habeas corpus relief from his detention and bond set at $10,000.00 pending his trial on a charge of making a false insurance claim and grand theft. We grant the petition because the trial court was without authority to increase Guerrero’s bond on its own.

The trial court set a bond of $8,500.00 after which the State sought an enhanced penalty. Based upon the State’s notice to seek the enhanced penalty, the trial court sua sponte, citing to Calixtro v. McCray, 858 So.2d 1079 (Fla. 3d DCA 2003), increased Guerrero’s bond from $3,500.00 to $10,000.00. Guerrero objected to the trial court’s action and requested three hours to prepare a response against the increased bond. The trial court denied Guerrero’s request, granted his motion to conduct a bond hearing, and then increased the bond to $10,000.00.

As the State properly confesses, Calix-tro permits the modification of a bond following a change in a defendant’s penalty, such as when a notice of enhancement is filed after bond has already been set, but there is no authority to support the trial court’s sua sponte action increasing Guerrero’s bond. We therefore grant the petition for writ of habeas corpus.

This opinion shall take effect immediately notwithstanding of the filing of any motion for rehearing.

Petition granted.

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PER CURIAM.

Alexander Guerrero seeks habeas corpus relief from his detention and bond set at $10,000.00 pending his trial on a charge of making a false insurance claim and grand theft. We grant the petition because the trial court was without authority to increase Guerrero’s bond on its own.

The trial court set a bond of $8,500.00 after which the State sought an enhanced penalty. Based upon the State’s notice to seek the enhanced penalty, the trial court sua sponte, citing to Calixtro v. McCray, 858 So.2d 1079 (Fla. 3d DCA 2003), increased Guerrero’s bond from $3,500.00 to $10,000.00. Guerrero objected to the trial court’s action and requested three hours to prepare a response against the increased bond. The trial court denied Guerrero’s request, granted his motion to conduct a bond hearing, and then increased the bond to $10,000.00.

As the State properly confesses, Calix-tro permits the modification of a bond following a change in a defendant’s penalty, such as when a notice of enhancement is filed after bond has already been set, but there is no authority to support the trial court’s sua sponte action increasing Guerrero’s bond. We therefore grant the petition for writ of habeas corpus.

This opinion shall take effect immediately notwithstanding of the filing of any motion for rehearing.

Petition granted.

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Bluebook (online)

928 So. 2d 478, 2006 Fla. App. LEXIS 6804, 2006 WL 1195848, Counsel Stack Legal Research, https://law.counselstack.com/opinion/guerrero-v-mcray-fladistctapp-2006.

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