ROBINSON v. JUNIOR (2019)

District Court of Appeal of Florida, Third District.

Devorius James ROBINSON, Appellant(s)/Petitioner(s), v. Daniel JUNIOR, etc., et al., Appellee(s)/Respondent(s),

CASE NO.: 3D19-1574

Decided: August 13, 2019

Following review of the petition for writ of habeas corpus and the response thereto, it is ordered that the petition is hereby granted based upon the State of Florida's proper concession of error. The trial court shall forthwith restore the petitioner to the supervised release onto pretrial services in circuit court case no. F19-12587 that the petitioner was under prior to the trial judge sua sponte revoking the defendant's pretrial service release absent any request, motion or notice by the State of Florida of any such request. This petition is granted without prejudice to the State should they seek to modify petitioner's bond pursuant to Florida Rule of Criminal Procedure 3.131(d)(2). See Matias v. State, 910 So. 2d 274 (Fla. 3d DCA 2005), and Region v. Ryan, 970 So. 2d 840 (Fla. 4th DCA 2007).

HENDON, MILLER and LOBREE, JJ., concur.

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