DocketNumber: 5D16-2896
Citation Numbers: 197 So. 3d 1281, 2016 Fla. App. LEXIS 15572
Judges: Berger, Lawson, Torpy
Filed Date: 8/26/2016
Status: Precedential
Modified Date: 10/19/2024
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NAIM JOHNSON, Petitioner, CORRECTED v. Case No. 5D16-2896 STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed August 26, 2016 Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction. Robert Wesley, Public Defender, and David L. Redfearn, Assistant Public Defender, Orlando, for Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Respondent. BERGER, J. Naim Johnson petitions this court for a writ of habeas corpus directing the trial court to conduct an expedited hearing to determine pretrial release or detention according to Florida Rules of Criminal Procedure 3.131 and 3.132. Based on the State's concession of error, we grant the writ and direct the trial court to conduct a Florida Rule of Criminal Procedure 3.131 pretrial release hearing within three business days. See Ho v. State,929 So. 2d 1155
(Fla. 5th DCA 2006). Our decision to grant the writ is without prejudice to the State's ability to file a motion for pretrial detention should it choose to do so. Seeid. (citing Nguyen
v. State,925 So. 2d 435
(Fla. 5th DCA 2006); Griffith v. State,914 So. 2d
1053 (Fla. 5th DCA 2005)). PETITION FOR WRIT OF HABEAS CORPUS GRANTED. LAWSON, C.J. and TORPY, J., concur. 2