THARP v. KNIGHT (2018)

The petitioner's petition for writ of habeas corpus is granted in part and denied in part. The trial court shall strike the “Nebbia hold” imposed by the first appearance court. See Casiano v. State, 43 Fla. L. Weekly D358 (Fla. 2d DCA Feb. 14, 2018) (“[W]e hold that under our state's constitution, Florida courts lack authority to detain accuseds for the purpose of inquiring into the source of funds used to post bail.”); Sparrow v. State, 43 Fla. L. Weekly D557 (Fla. 5th DCA March 7, 2018) (“[W]e agree with Judge Warner's concurring opinion in Parrino [v. Bradshaw, 972 So. 2d 960, 962 (Fla. 4th DCA 2007) ] that ‘[t]o the extent that a court inquires at the first appearance hearing as to the source of the funds available to post bail, it is for the purpose of ascertaining whether the bail set is sufficient to secure the defendant's appearance, not to deny him pretrial release.’ ”). The petition for writ of habeas corpus is denied in part because the record does not demonstrate that the $500,000 bail is unreasonable under the circumstances. This denial is without prejudice to the petitioner's right to file a motion for modification of bail and to present evidence regarding his finances, ties to the community, and the circumstances of the offense in support of his argument that the set bail is unreasonable. See Fla. R. Crim. P. 3.131(b)(3).

BY ORDER OF THE COURT:

LaROSE, C.J., and CASANUEVA and SILBERMAN, JJ., Concur.