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Molar GOURY, Appellant/Petitioner(s), v. STATE of Florida and Bob Gualtieri, Sheriff, Appellee/Respondent(s).
The petition for writ of habeas corpus is granted because the trial court was without authority to sua sponte revoke petitioner's bail. See Simmons v. State, 915 So. 2d 732 (Fla. 2d DCA 2005); Duffy v. Crowder, 960 So. 2d 909 (Fla. 4th DCA 2007). The circuit court shall immediately reinstate petitioner's original bail. This order is without prejudice to the State to file an authorized motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132.
BY ORDER OF THE COURT:
MORRIS, BLACK, and ATKINSON, JJ., Concur.
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Docket No: CASE NO.: 2D19-1593
Decided: May 08, 2019
Court: District Court of Appeal of Florida, Second District.
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Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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