KENDALL v. STATE (2020)

District Court of Appeal of Florida, Fifth District.

Gary Lee KENDALL, Petitioner, v. STATE of Florida and Louis Quinones, Jr., as Chief of Orange County Corrections, Respondents.

Case No. 5D20-0270

Decided: February 06, 2020

Robert Wesley, Public Defender, and Robert Adams, Assistant Public Defender, Orlando, for Petitioner. Ashley Moody, Attorney General, Tallahassee, and Richard A. Pallas, Jr., Assistant Attorney General, Daytona Beach, for Respondent State of Florida. No Appearance for Remaining Respondent.

We grant the petition for writ of habeas corpus because, as the State candidly concedes, “the State did not seek pretrial detention” and Kendall is not charged with a capital felony or a felony punishable by life imprisonment. See Rodriguez v. State, 269 So. 3d 639, 640 (Fla. 5th DCA 2019). We do so without prejudice to the State filing a motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132, should it choose to do so. Rodriguez, 269 So. 3d at 640. We therefore remand for an expedited hearing which will either address such a motion, if filed, or determine reasonable conditions of release. Fla. R. Crim. P. 3.131.

PETITION GRANTED.

PER CURIAM.

EISNAUGLE, HARRIS, and TRAVER, JJ., concur.

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