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

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

Opinion

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.