RIVERON v. JUNIOR (2020)

Upon consideration, the Petition for Writ of Habeas Corpus is granted in part. The trial court may not modify the petitioner's pretrial release status or conditions without good cause, such as a change in circumstances or the emergence of additional evidence since the petitioner's pretrial release. See Soto v. State, 89 So. 3d 263 (Fla. 3d DCA 2012).

We conclude that the trial court was required to hold a hearing and determine, under the unique circumstances presented, whether there was probable cause to believe the defendant committed a new crime while on pretrial release, see section 903.0471, Florida Statutes (2019) (providing that the court may revoke pretrial release “if the court finds probable cause to believe that the defendant committed a new crime while on pretrial release”), and in doing so was required to consider the scope of the immunity conferred under section 776.032, Florida Statutes (2019) (conferring statutory stand your ground immunity from criminal prosecution under certain circumstances, allocating the burden of proof, and expressly providing that “the term ‘criminal prosecution’ includes arresting, detaining in custody, and charging or prosecuting the defendant”).

We therefore grant the Petition in part and direct the trial court to hold a hearing within seventy-two (72) hours, at which it shall determine whether, in light of the evidence presented at that hearing and the immunity conferred by section 776.032, the petitioner's pretrial release may properly be revoked pursuant to section 903.0471. Petitioner shall immediately file a copy of the order rendered by the trial court following said hearing.

EMAS, C.J., and FERNANDEZ and LOGUE, JJ., concur.