JESTER v. KNIGHT (2018)

District Court of Appeal of Florida, Second District.

Brian JESTER, Appellant/Petitioner(s), v. Thomas M. KNIGHT, Sheriff of Sarasota County, Appellee/Respondent(s).

CASE NO.: 2D18-4565

Decided: November 30, 2018

The petitioner's petition for writ of habeas corpus is granted to the extent that the trial court shall immediately release the petitioner from conditions of pretrial release in case number 2018-CF-17252. The trial court abused its discretion by ruling that the affidavits and information presented at the first appearance hearings support a finding of probable cause that the petitioner committed the crime of assault of an emergency care provider under section 784.07(2)(a), Florida Statutes (2018). See H.W. v. State, 79 So. 3d 143, 145 (Fla. 3d DCA2012) (“Proof of the crime of assault requires not just proof of a threat, but also proof of some physical act directed toward the victim.”) (emphasis in original).

BY ORDER OF THE COURT:

CASANUEVA, CRENSHAW, and ATKINSON, JJ., Concur.

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