Herrera v. State

Third District Court of Appeal
State of Florida
Opinion filed September 17, 2014.
Not final until disposition of timely filed motion for rehearing.
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No. 3D14-2199
Lower Tribunal Nos. 13-23988, 13-25979
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Manuel Herrera,
Petitioner,
vs.
The State of Florida, et al.,
Respondents.
A case of original jurisdiction – Habeas Corpus.
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.
SUAREZ, J.
Manuel Herrera seeks a writ of habeas corpus to remedy his detention
without bond. At the defendant’s appearance at the alias capias calendar, the trial
court failed to determine whether Herrera’s failure to appear in court for pre-trial
sounding was willful, and failed to make 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.” Art. I, § 14, Fla. Const.; §
907.041(4)(c), Florida Statutes (2014). See Blair v. State, 39 So. 3d 1190 (Fla.
2010). As such, we grant Herrera’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, Herrera’s willfulness in failing to appear at his
scheduled pre-trial sounding. Herrera shall remain in detention pending the
outcome of the hearing.
Petition 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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