HUGHES v. RAYMOND (2005)

District Court of Appeal of Florida,Fourth District.

Chad Michael HUGHES, Petitioner, v. Roy RAYMOND, Sheriff, Indian River County, Respondent.

No. 4D05-4486.

Decided: December 28, 2005

Edward J. Mosher of Edward J. Mosher, P.A., Vero Beach, for petitioner. Charles J. Crist, Jr., Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for respondent.

We grant the petition of Chad Michael Hughes for a writ of habeas corpus for reduction of pre-trial bond, and remand this case to the trial court to determine a reasonable bond after consideration of Hughes' financial resources, and any other pertinent factors. See Miller v. Jenne, 780 So.2d 241 (Fla. 4th DCA 2001); Henley v. Jenne, 796 So.2d 1273 (Fla. 4th DCA 2001). We find this case distinguishable from Henley where the trial court found that based on Henley's prior offenses and the nature of the current charges, he posed a significant risk of danger to the community. No such findings were made in this case when the trial court set the bond at hand.

We grant the writ and remand for further proceedings.

PER CURIAM.

FARMER, SHAHOOD and GROSS, JJ., concur.

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