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SMITH v. JUDD (2017)

District Court of Appeal of Florida, Second District.

Timothy SMITH, Appellant/Petitioner(s), v. Grady C. JUDD, Sheriff, Appellee/Respondent(s).

CASE NO.: 2D17–4776

Decided: December 15, 2017

Petitioner's petition for writ of habeas corpus is granted and this cause is remanded to the trial court. See Ginsberg v. Ryan, 60 So. 3d 475 (Fla. 3d DCA 2011). The State shall have no more than three business days to file a legally sufficient motion for pretrial detention. Should the State fail to file such a motion, the trial court shall immediately thereafter conduct a hearing pursuant to Florida Rule of Criminal Procedure 3.131 to determine appropriate conditions of release. Petitioner shall remain in custody pending the determination of pretrial release or detention.

BY ORDER OF THE COURT:

CASANUEVA, KELLY, and SLEET, JJ., Concur.

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SMITH v. JUDD (2017)

Docket No: CASE NO.: 2D17–4776

Decided: December 15, 2017

Court: District Court of Appeal of Florida, Second District.

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