XUAN LANG v. SCOTT (2017)

District Court of Appeal of Florida, Second District.

XUAN LANG, Appellant/Petitioner(s), v. Michael J. SCOTT, Sheriff, Appellee/Respondent(s).

CASE NO.: 2D17–4368

Decided: November 20, 2017

Petitioner seeks habeas corpus relief from her bond set in the amount of $2,250,000.00. We grant the petition and remand for an evidentiary hearing on petitioner's financial resources and all other appropriate criteria. See Fla. R. Crim. P. 3.131(b)(3); § 903.046, Fla. Stat. (2017). The record reflects that the evidentiary hearing on petitioner's motion for bond reduction was abruptly concluded by the trial court without the parties being afforded the opportunity to present evidence. Where the evidence at a bond hearing is insufficient, habeas corpus should be granted and the cause remanded to the trial court for a new determination. See Patterson v. Neuman, 707 So. 2d 946, 947 (Fla. 4th DCA 1998). Accordingly, we grant the petition to the extent that the trial court shall hold a hearing within five days of the date of this order and provide the petitioner the opportunity to present evidence in support of the motion for bond reduction.

BY ORDER OF THE COURT:

KELLY, BLACK, and LUCAS, JJ., Concur.

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