JACKSON v. SHERIFF FOR MANATEE COUNTY (2019)

The petition for writ of habeas corpus is granted. See Preston v. Gee, 133 So. 3d 1218, 1221 (Fla. 2d DCA 2014) (holding the Florida Constitution “guarantees every accused the right to pretrial release on reasonable conditions, with two exceptions”). The petitioner's appendix demonstrates that the petitioner's bail is set at an amount that will result in pretrial detention and that it is not based on findings of fact that the petitioner presents a risk of flight or a risk of committing additional crimes. See § 903.046(1), Fla. Stat. (2019) (“The purpose of a bail determination in criminal proceedings is to ensure the appearance of the criminal defendant at subsequent proceedings and to protect the community against unreasonable danger from the criminal defendant.”); § 907.041(4), Fla. Stat. (2019); Good v. Wille. 382 So. 2d 408, 410 (Fla. 4th DCA 1980) (“Depending upon the financial circumstances of the defendant, excessive bail is tantamount to no bail.”). Within three days, the trial court shall hold a hearing to determine reasonable conditions of release pursuant to section 903.046, Florida Statutes and Florida Rule of Criminal Procedure 3.131(b).

This order does not preclude the State from filing a legally sufficient motion for pretrial detention under rule 3.132(b). If the State files a legally sufficient motion and shows beyond a reasonable doubt the need for pretrial detention pursuant to the criteria in section 907.041, Florida Statutes, the trial court shall include the findings required by rule 3.132(c)(2) and section 907.041 (4)(i) in its order.

BY ORDER OF THE COURT:

CASANUEVA, KELLY, and ATKINSON, JJ., Concur.