DURIEUX v. JUDD (2020)

District Court of Appeal of Florida, Second District.

Erwin Lopez DURIEUX Appellant/Petitioner(s), v. Grady C. JUDD, Sheriff of Polk County Appellee/Respondent(s).

CASE NO.: 2D20-0431

Decided: February 24, 2020

Appellee / Respondent(s).

The petitioner's petition for writ of habeas corpus is granted. The State failed to establish that the proof of the petitioner's guilt is evident or the presumption great. See State v. Arthur. 390 So. 2d 717, 720 (Fla. 1980). However, the petitioner has not established that he is entitled to immediate release. Within five days, the trial court shall determine the appropriate conditions of pretrial release pursuant to Florida Rule of Criminai Procedure 3.131 or upon proper motion by the State, conduct the appropriate hearing in order to determine whether the petitioner may be detained pursuant to rule 3.132. Should the State file a motion under rule 3.132 and show “beyond a reasonable doubt the need for pretrial detention pursuant to the criteria in section 907.041, Florida Statutes,” the trial court shall make the findings of fact and conclusions of law required by rule 3.132(2)(c)(2) and section 907.041 (4)(i), Florida Statutes (2019). Fla. R. Crim. P. 3.132(cj)(1). This court notes and appreciates the Attorney General's appropriate concession of error.

BY ORDER OF THE COURT:

CASANUEVA, SALARIO, and SMITH, JJ., Concur.

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