ACEVEDO v. STATE (2022)

District Court of Appeal of Florida, Fifth District.

Jose ACEVEDO, Petitioner, v. STATE of Florida, Respondent.

Case No. 5D22-0480

Decided: March 02, 2022

Robert Wesley, Public Defender, Latisha George and Tyler Alexander Branz, Assistant Public Defenders, Orlando, for Petitioner. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Respondent.

Jose Acevedo (“Petitioner”) petitions our court for a writ of habeas corpus. Although the State had not motioned for pretrial detention, the trial court failed to set a bond on Petitioner's battery charge. The State properly concedes error. See Thomas v. State, 208 So. 3d 326, 326–27 (Fla. 5th DCA 2017).

We grant the petition and direct the trial court to conduct a pretrial release hearing pursuant to Florida Rule of Criminal Procedure 3.131 no later than two business days following the issuance of this opinion.

PETITION GRANTED.

PER CURIAM.

EVANDER, SASSO, AND COHEN, JJ., concur.

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