Rancy v. State
This text of 110 So. 3d 989 (Rancy 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
Petitioner, Samora Raney, seeks a writ of habeas corpus directing the lower court to grant an immediate hearing for the purposes of setting bond and reasonable conditions for pretrial release.
The Petitioner was arrested for home invasion robbery and is being held without bond. The State filed a Motion for Pretrial Detention pursuant to section 907.041(4)(a)(12), Florida Statutes, and Florida Rule of Criminal Procedure 3.132.
The court held a hearing on the motion. The Petitioner correctly points out that neither the court’s oral pronouncement, nor its written order contained any findings of fact or conclusions of law as required by rule 3.132(c)(2) and section 907.041(4)(I). The State concedes this was error.
The petition is granted and the matter is remanded to the lower court for an immediate hearing to further determine the issue of pretrial release or detention in accordance with the statute and the rule.
PETITION GRANTED and REMANDED WITH INSTRUCTIONS.
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Cite This Page — Counsel Stack
110 So. 3d 989, 2013 WL 1687853, 2013 Fla. App. LEXIS 6468, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rancy-v-state-fladistctapp-2013.