MCCULLOUGH v. STATE (2018)

District Court of Appeal of Florida, Second District.

William Crawford MCCULLOUGH, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D18-3050

Decided: August 10, 2018

Petitioner's petition for writ of habeas corpus is granted because the State failed to establish that the proof of Petitioner's guilt is evident or the presumption great. See Preston v. Gee, 133 So. 3d 1218 (Fla. 2d DCA 2014); State v. Perry, 605 So. 2d 94, 96-97 (Fla. 3d DCA 1992). Within five days of the date of this order, the trial court shall determine the appropriate conditions of pretrial release under Florida Rule of Criminal Procedure 3.131 or, upon motion by the State, conduct the appropriate hearing to determine whether Petitioner may be detained pursuant to rule 3.132.

BY ORDER OF THE COURT:

VILLANTI, LUCAS, and BADALAMENTI, JJ., Concur.

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