Smith v. Jenne

District Court of Appeal of Florida

Smith v. Jenne

910 So. 2d 353, 2005 Fla. App. LEXIS 14411, 2005 WL 2219289

District Court of Appeal of Florida·Decided September 14, 2005·No. No. 4D05-3135·Published

Opinion

PER CURIAM.

We grant the petition for writ of habeas corpus, wherein petitioner seeks relief from pretrial bail set in the amount of $500,000.00, and remand for a hearing. Our review of the record reveals that petitioner was arrested following the issuance of a capias associated with his failure to surrender as anticipated. See Fla. R.Crim. P. 3.131(c). When ruling on petitioner’s motion for bail after recommitment, the trial court did not consider the requisite factors as set forth in rule 3.131(b), as required by subsection (h). See also § 903.046, Fla. Stat. (2004). Accordingly, we grant the petition and remand the case for a hearing to allow for such review.

GUNTHER, WARNER and SHAHOOD, JJ., concur.

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PER CURIAM.

We grant the petition for writ of habeas corpus, wherein petitioner seeks relief from pretrial bail set in the amount of $500,000.00, and remand for a hearing. Our review of the record reveals that petitioner was arrested following the issuance of a capias associated with his failure to surrender as anticipated. See Fla. R.Crim. P. 3.131(c). When ruling on petitioner’s motion for bail after recommitment, the trial court did not consider the requisite factors as set forth in rule 3.131(b), as required by subsection (h). See also § 903.046, Fla. Stat. (2004). Accordingly, we grant the petition and remand the case for a hearing to allow for such review.

GUNTHER, WARNER and SHAHOOD, JJ., concur.

Smith v. Jenne, 910 So. 2d 353, 2005 Fla. App. LEXIS 14411, 2005 WL 2219289 (Fla. Ct. App. 2005).

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