GRAHAM v. JUDD (2019)

District Court of Appeal of Florida, Second District.

Kendrick GRAHAM, Appellant/Petitioner(s), v. Grady C. JUDD, Sheriff of Polk County, Appellee/Respondent(s).

CASE NO.: 2D19-0890

Decided: March 15, 2019

Because the trial court did not make a finding that the proof is evident or the presumption great that Petitioner committed the charged offense, the petition for writ of habeas corpus is granted. See Preston v. Gee, 133 So. 3d 1218 (Fla. 2d DCA2014). The trial court shall determine the appropriate conditions of release under Florida Rule of Criminal Procedure 3.131 or, upon proper motion by the State, conduct the appropriate hearing in accordance with Preston to determine whether Petitioner may be detained pursuant to rule 3.132 or State v. Arthur, 390 So. 2d 717 (Fla. 1980).

BY ORDER OF THE COURT:

NORTHCUTT, SILBERMAN, and LUCAS, JJ., Concur.

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