WILLIAMS v. MARCENO (2019)

District Court of Appeal of Florida, Second District.

Craig Legwaine WILLIAMS Appellant/Petitioner(s), v. Carmine MARCENO, Sheriff of Lee County Appellee/Respondent(s).

CASE NO.: 2D19-1937

Decided: June 19, 2019

The petition for writ of habeas corpus is granted to the extent that we strike the modification of bond and imposition of pretrial detention and reinstate the original bond amounts. See Fla. R. Crim. P. 3.131(d)(2); see also Bush v. State, 74 So. 3d 130, 133 (Fla. 1st DCA 2011). Petitioner is entitled to release from custody upon the posting of a cash or surety bond in the amounts originally set. See § 903.18, Fla. Stat. (2018), Fla. R. Crim. P. 3.131(b)(1)(E); see also Cohen v. Vendrell. 535 So. 2d 320 (Fla. 3d DCA 1988). Our grant is without prejudice to any right the State may have to seek a modification of bond pursuant to Florida Rule of Criminal Procedure 3.131(d)(2).

BY ORDER OF THE COURT:

CASANUEVA, SLEET, and ROTHSTEIN-YOUAKIM, JJ., Concur.

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