James Dameron v. State

District Court of Appeal of Florida

James Dameron v. State

193 So. 3d 1088, 2016 Fla. App. LEXIS 9685, 2016 WL 3385279

District Court of Appeal of Florida·Decided June 20, 2016·No. 5D16-1961·Published

Opinion

PER CURIAM.

James Dameron petitions this court for a writ of habeas corpus seeking immediate release or the setting of a reasonable bond. Based on the State’s concession of error, we grant the writ and direct the trial court to conduct a Florida Rule of Criminal Procedure 3.131 pretrial release hearing within three business days. See Ho v. State, 929 So.2d 1155 (Fla. 5th DCA 2006). Our decision to grant the writ is without prejudice to the State’s ability to file a motion for pretrial detention should it choose to do so. See id. (citing Nguyen v. State, 925 So.2d 435 (Fla. 5th DCA 2006); Griffith v. State, 914 So.2d 1053 (Fla. 5th DCA 2005)).

PETITION GRANTED.

TORPY, COHEN and BERGER, JJ., concur.

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PER CURIAM.

James Dameron petitions this court for a writ of habeas corpus seeking immediate release or the setting of a reasonable bond. Based on the State’s concession of error, we grant the writ and direct the trial court to conduct a Florida Rule of Criminal Procedure 3.131 pretrial release hearing within three business days. See Ho v. State, 929 So.2d 1155 (Fla. 5th DCA 2006). Our decision to grant the writ is without prejudice to the State’s ability to file a motion for pretrial detention should it choose to do so. See id. (citing Nguyen v. State, 925 So.2d 435 (Fla. 5th DCA 2006); Griffith v. State, 914 So.2d 1053 (Fla. 5th DCA 2005)).

PETITION GRANTED.

TORPY, COHEN and BERGER, JJ., concur.

James Dameron v. State, 193 So. 3d 1088, 2016 Fla. App. LEXIS 9685, 2016 WL 3385279 (Fla. Ct. App. 2016).

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Opinion

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