Robinson v. State , 2014 Fla. App. LEXIS 14671 ( 2014 )

Third District Court of Appeal
State of Florida
Opinion filed September 19, 2014.
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No. 3D14-2219
Lower Tribunal No. 14-3306
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Tommy Robinson,
Petitioner,
vs.
The State of Florida, and Marydell Guevara, Director, Miami-
Dade Corrections and Rehabilitation Department,
Respondents.
A case of original jurisdiction – Habeas Corpus., Rodney Smith, Judge.
Carlos J. Martinez, Public Defender, and Marti Rothenberg, Assistant Public
Defender, for petitioner.
Pamela Jo Bondi, Attorney General, and Robert Martinez Biswas, Assistant
Attorney General, for respondents.
Before WELLS, SUAREZ and SALTER, JJ.
WELLS, Judge.
Tommy Robinson seeks a writ of habeas corpus to remedy his detention
without bond. Robinson was arrested in F14-3306 on February 11, 2014, for sale
of cocaine, openly carrying a weapon and resisting an officer without violence. He
was released on bond. His case was set for trial on July 28, 2014. On that day he
appeared in court but apparently during a court recess, he left. The case was reset
for the next day, July 29, 2014, and on that date, Robinson failed to appear and the
judge issued an alias capias warrant. On September 9, 2014, the alias capias
warrant was served on the petitioner and he was arrested.
At the defendant’s appearance at the alias capias calendar, petitioner was
ordered held without bond although the trial court neither determined whether his
failure to appear in court was willful, nor made the necessary findings that “no
conditions of release can reasonably protect the community from risk of physical
harm to persons or assure the presence of the accused at trial.” § 907.041(4)(c),
Florida Statutes (2014); see Art, I, § 14, Fla. Const.; Blair v. State, 39 So. 3d 1190(Fla. 2010). As such, we grant Robinson’s petition for writ of habeas corpus only
insofar as we remand to the trial court for an expedited bond hearing pursuant to
section 907.041(4)(c), Florida Statutes (2014). The trial court’s determination
shall include, but is not limited to, Robinson’s willfulness in failing to appear.
Robinson shall remain in detention pending the outcome of the hearing. See
Herrera v. State, 3D14-2199, 2014 WL 4627613 (Fla. 3d DCA, Sept. 17, 2014).
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As such, we grant Robinson’s petition for writ of habeas corpus only
insofar as we remand to the trial court for an expedited bond hearing pursuant to
section 907.041(4)(c), Florida Statutes (2014). The trial court’s determination
shall include, but is not limited to, Robinson’s willfulness in failing to appear at his
scheduled pretrial sounding. Robinson shall remain in detention pending the
outcome of the hearing.
Petition is granted; remanded for an expedited bond hearing.
This opinion shall take effect immediately notwithstanding the filing
or disposition of any motion for rehearing.
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