Jermetras Watson v. State
This text of 220 So. 3d 1281 (Jermetras Watson 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.
Opinion
Jermetras Watson (Petitioner) petitions this Court for issuance of a writ of habeas corpus, challenging the lower court’s denial of pre-trial bond. Because Petitioner was not given a proper pre-trial detention hearing, we grant the petition and direct the lower court to hold a proper hearing pursuant to Florida Rule of Criminal Procedure 3.132(c).
Petitioner was initially held for four days before being brought before the court for an initial appearance, well beyond the time required under Rule 3.132(a). When the initial appearance was held, the State moved for pretrial detention and the court granted the State’s motion. No further hearing has been held.
Under Rule 3.132, a motion for pre-trial detention may be filed at first appearance. *1282 If that motion is facially sufficient, and there is probable cause supporting the charges, the court can detain the defendant until a final hearing on pretrial detention is held. A hearing must be held within 5 days, and the State bears the burden of proving the need for pretrial detention. The State properly concedes that no final hearing was scheduled or held on pretrial detention.
Accordingly, we grant the petition and direct the lower court to hold a proper hearing, as required by Rule 3.132(c). See Smith v. State, 933 So.2d 689 (Fla. 5th DCA 2006).
PETITION GRANTED; CASE REMANDED.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
220 So. 3d 1281, 2017 WL 2821714, 2017 Fla. App. LEXIS 9505, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jermetras-watson-v-state-fladistctapp-2017.