Rigby v. State

District Court of Appeal of Florida

Rigby v. State

29 So. 3d 390, 2010 Fla. App. LEXIS 4023, 2010 WL 742623

CourtDistrict Court of Appeal of Florida

DecidedMarch 2, 2010

Docket5D10-626

StatusPublished

Cited by2 cases

This text of 29 So. 3d 390 (Rigby 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.

Bluebook

Rigby v. State, 29 So. 3d 390, 2010 Fla. App. LEXIS 4023, 2010 WL 742623 (Fla. Ct. App. 2010).

Pincite

Opinion

PER CURIAM.

Brian Elvis Rigby files an emergency petition for writ of habeas corpus after the trial court denied bond without considei’ing the applicable standards. The State files a limited concession that neither the arrest warrant, nor the order of probable cause determination explain the denial of bond. Rigby has been charged with a second degree felony, which is neither a capital offense nor a life felony. By all accounts, the requirements of Florida Rule of Criminal Procedure 3.131 have not been met. As such, we grant the petition and remand the case to the trial court for purposes of holding a hearing forthwith to consider the Petitioner’s request to set bond. See Vailbailon v. Bradshaw, 971 So.2d 289 (Fla. 4th DCA 2008).

PETITION GRANTED and REMANDED WITH INSTRUCTIONS.

ORFINGER, TORPY and COHEN, JJ. concur.

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

PER CURIAM.

Brian Elvis Rigby files an emergency petition for writ of habeas corpus after the trial court denied bond without considei’ing the applicable standards. The State files a limited concession that neither the arrest warrant, nor the order of probable cause determination explain the denial of bond. Rigby has been charged with a second degree felony, which is neither a capital offense nor a life felony. By all accounts, the requirements of Florida Rule of Criminal Procedure 3.131 have not been met. As such, we grant the petition and remand the case to the trial court for purposes of holding a hearing forthwith to consider the Petitioner’s request to set bond. See Vailbailon v. Bradshaw, 971 So.2d 289 (Fla. 4th DCA 2008).

PETITION GRANTED and REMANDED WITH INSTRUCTIONS.

ORFINGER, TORPY and COHEN, JJ. concur.

Cite This Page — Counsel Stack

Bluebook (online)

29 So. 3d 390, 2010 Fla. App. LEXIS 4023, 2010 WL 742623, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rigby-v-state-fladistctapp-2010.

Opinion

Related

Cite This Page — Counsel Stack