Ronald Jerome Lee v. Marydell Guevara, Etc.

Third District Court of Appeal
State of Florida
Opinion filed August 15, 2014.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-1879
Lower Tribunal No. 14-005658
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Ronald Jerome Lee,
Petitioner,
vs.
Marydell Guevara, Director of Miami-Dade County Department of
Corrections,
Respondent.
A Case of Original Jurisdiction - Habeas Corpus
Herbert Erving Walker III, Esq., for petitioner.
Pamela Jo Bondi, Attorney General, and Marlon J. Weiss, Assistant
Attorney General, for respondent.
Before SUAREZ, SALTER and EMAS, JJ.
ON PETITION FOR WRIT OF HABEAS CORPUS
SUAREZ, J.
Ronald Lee filed his petition for writ of Habeas Corpus after the trial court
granted the State’s Motion to Revoke Defendant’s Bond. Mr. Lee requests this
Court to instruct the lower court to either release him or to reduce his bond. The
State has filed a limited concession noting that the trial court failed to comply with
Florida Rule of Criminal Procedure 3.131 by failing to issue the required findings
of fact and conclusions of law in support of the court’s order revoking bond. See
State v Blair, 39 So. 3d 1190 (Fla. 2010); Rigby v. State, 29 So. 3d 390 (Fla. 5th
DCA 2010); Dupree v. Cochran, 698 So. 2d 945 (Fla. 4th DCA 1997).
We grant the petition only insofar as to remand the case to the trial court for
the purpose of holding an immediate evidentiary hearing on the State’s motion to
revoke bond and to make the required findings of fact and conclusions of law. §
704.041(4)(c), Florida Statutes (2013); Fla. R. Crim. P. 3.132(c)(2). Mr. Lee shall
not be released pending the outcome of the evidentiary hearing, or of any appeals
by right. This opinion shall become effective immediately, notwithstanding the
filing of any motion for rehearing.
Petition granted and remanded with instructions.
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