WILLIS v. JONES (2022)

District Court of Appeal of Florida, Third District.

Ricky WILLIS, Petitioner, v. Cassandra JONES, etc., et al., Respondents.

No. 3D22-1330

Decided: August 05, 2022

Before EMAS, LINDSEY and LOBREE, JJ.

Carlos J. Martinez, Public Defender, and Andrew Stanton, Assistant Public Defender, for petitioner. Ashley Moody, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for respondent The State of Florida.

Ricky Willis petitions this court for a writ of habeas corpus. The trial court ordered him held without bond on the charges of murder in the second degree and possession of a firearm by a convicted felon despite finding after an Arthur ¹ hearing that proof was not evident nor presumption great. We grant the petition for writ of habeas corpus and direct the trial court to conduct a rule 3.131 pretrial release hearing. See Joseph v. Junior, 319 So. 3d 766, 767 (Fla. 3d DCA 2021); Ginsberg v. Ryan, 60 So. 3d 475, 477 (Fla. 3d DCA 2011). This decision is without prejudice for the State to file a legally sufficient motion for pretrial detention, should it choose to do so. See Joseph, 319 So. 3d at 767; Ho v. State, 929 So. 2d 1155, 1155 (Fla. 5th DCA 2006). The trial court is directed to hold the hearing no later than three business days following the issuance of this opinion. See id.

Petition granted; cause remanded.

FOOTNOTES

1. State v. Arthur, 390 So.2d 717 (Fla. 1980).

PER CURIAM.

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