LIDIE v. JUNIOR (2020)

District Court of Appeal of Florida, Third District.

Brandon LIDIE, Appellant(s)/Petitioner(s), v. Daniel JUNIOR, etc., et al., Appellee(s)/Respondent(s),

CASE NO.: 3D20-0204

Decided: January 28, 2020

Upon consideration of the Petition for a Writ of Habeas Corpus and the State's Response, we grant the Petition and remand to the trial court to determine, as requested in the State's Response, whether the circumstances of the petitioner's prior record and his failure to appear in previous proceedings were factors that were not known to the first appearance judge. See Santos v. Garrison, 691 So. 2d 1172, 1172 (Fla. 4th DCA 1997) (“[A]n increase in, or revocation of, bond may be imposed only based on a change in circumstances or upon information not disclosed to the court at the time bond was previously established.”); see also Brooks v. State, 145 So. 3d 219, 220 (Fla. 1st DCA 2014) (“[A]n increase in bond is improper if the state fails to show any change in circumstances or information not made known to the first appearance judge.”). If those factors were not known to the first appearance judge, the trial court may exercise its discretion to reconsider conditions of release, as requested by the petitioner's counsel, including an increase in bond in the exercise of the trial court's discretion.

FERNANDEZ, LOGUE and MILLER, JJ., concur.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network