JAMES DEFRAIL BURNS v. KEN MASCARA, SHERIFF

DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
JAMES DEFRAIL BURNS,
Petitioner,
v.
KEN MASCARA, Sheriff St. Lucie County, Florida,
Respondent.
No. 4D22-3346
[February 8, 2023]
Petition for writ of habeas corpus to the Circuit Court for the Nineteenth
Judicial Circuit, St. Lucie County; William L. Roby, Judge; L.T. Case No.
562022CF002017.
James Defrail Burns, Ft. Pierce, pro se.
Ashley Moody, Attorney General, Tallahassee, and Deborah Koenig,
Assistant Attorney General, West Palm Beach, for respondent.
PER CURIAM.
We grant the petition for writ of habeas corpus and remand for the trial
court to make the factual findings required for continued pretrial detention
or to set bond.
Charged with possession of cocaine, petitioner was held without bond
after violating the conditions of pretrial release by failing to report for a
drug test. Petitioner twice moved to set bond and the trial court denied
both motions. At the second hearing, the trial court commented that it
did not find petitioner’s testimony “to be the least bit credible.” At no time,
did the State file a motion for pretrial detention.
A violation of pretrial release conditions alone cannot supply a basis for
pretrial detention without 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.” Blair v. State, 15 So. 3d 758, 760 (Fla. 4th DCA 2009),
approved, 39 So. 3d 1190 (Fla. 2010).
In Blair, we explained that “[a] pretrial detention order must contain
findings of fact and conclusions of law showing that the constitutional and
statutory criteria for pretrial detention are met.” Id. at 759 (citing Fla. R.
Crim. P. 3.132(c)(2); § 907.041(4)(i), Fla. Stat. (2008)); see also Fla. R.
Crim. P. 3.131(g) & (h).
Here, in its order, the trial court merely found that Burns’ testimony
was not credible. The trial court did not make any further findings as
required by Blair.
Petition granted.
WARNER, GROSS and KUNTZ, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
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