Naim Johnson v. State - corrected 8/29/16

District Court of Appeal of Florida

Naim Johnson v. State - corrected 8/29/16

197 So. 3d 1281, 2016 Fla. App. LEXIS 15572, 2016 WL 4524911

CourtDistrict Court of Appeal of Florida

DecidedAugust 26, 2016

Docket5D16-2896

StatusPublished

This text of 197 So. 3d 1281 (Naim Johnson v. State - corrected 8/29/16) 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

Naim Johnson v. State - corrected 8/29/16, 197 So. 3d 1281, 2016 Fla. App. LEXIS 15572, 2016 WL 4524911 (Fla. Ct. App. 2016).

Pincite

Opinion

*1282 CORRECTED

BERGER, J.

Naim Johnson petitions this court for a writ of habeas corpus directing the trial court to conduct an expedited hearing to determine pretrial release or detention according to Florida Rules of Criminal Procedure 3.131 and 3.132. 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 FOR WRIT OF HABEAS CORPUS GRANTED.

LAWSON, C.J. and TORPY, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

*1282 CORRECTED

BERGER, J.

Naim Johnson petitions this court for a writ of habeas corpus directing the trial court to conduct an expedited hearing to determine pretrial release or detention according to Florida Rules of Criminal Procedure 3.131 and 3.132. 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 FOR WRIT OF HABEAS CORPUS GRANTED.

LAWSON, C.J. and TORPY, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

197 So. 3d 1281, 2016 Fla. App. LEXIS 15572, 2016 WL 4524911, Counsel Stack Legal Research, https://law.counselstack.com/opinion/naim-johnson-v-state-corrected-82916-fladistctapp-2016.

Opinion

Related

Cite This Page — Counsel Stack