HUNT v. GUALTIERI (2020)

The petition for writ of habeas corpus is granted. The unrefuted evidence established that the petitioner cannot afford the $150,000 bond imposed by the trial court, and the State presented no evidence to support a finding that “no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process.” Art. I, § 14, Fla. Const. See also § 903.046(1), Fla. Stat. (2020) (“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.”); Norton-Nugin v. State, 179 So. 3d 557, 560 (Fla. 2d DCA 2015) (holding that the purposes of pretrial release could be accomplished without requiring the defendant to post a $150,000 bond, which, under the circumstances, was “a punitive and excessive amount”). Because the charge of possession of child pornography is not designated as “dangerous” under section 907.041(4)(a), there is a statutory presumption in favor of release on nonmonetary conditions. See Sewell v. Blackman, 301 So. 3d 354, 356 (Fla. 2d DCA 2020). Finally, the fact that the petitioner is a citizen of the United Kingdom is not dispositive of a risk of flight. See Dumas v. State, 889 So. 2d 139 (Fla. 4th DCA 2004) (holding that the appellant's status as a Canadian citizen was not conclusive in and of itself as to whether he presented a flight risk).

Within three days, the trial court shall hold a hearing to determine reasonable conditions of release pursuant to section 903.046 and Florida Rule of Criminal Procedure 3.131(b). The parties may be given an opportunity to present additional evidence if the trial court deems it necessary. See Good v. Willie, 382 So. 2d 408, 411 (Fla. 4th DCA 1990).

I HEREBY CERTIFY that the foregoing is a true copy of the original court order.

BY ORDER OF THE COURT:

CASANUEVA, VILLANTI, and LaROSE, JJ., Concur.