Dicolla v. State
Dicolla v. State
Opinion of the Court
The petitioner, Stephen Dicolla, has filed a petition for writ of habeas corpus seeking an immediate bond hearing to determine conditions of pretrial release. We elect to treat this petition as a petition for writ of mandamus. See, Fla. R.App. P. 9.040(c). See also, Johnson v. Turner, 436 So.2d 291 (Fla. 2d DCA 1983). We grant the petition for writ of mandamus.
The petition alleges that the trial court has failed to act promptly on his request for a bond hearing. Florida Rule of Criminal Procedure 3.131(d)(1) requires that the trial court rule on a motion for setting
Furthermore, the petitioner asserts that an “informal policy” exists in Brevard County regarding the refusal by some magistrates on first appearance to modify the “bail” amount endorsed by another judge in issuing the arrest warrant unless the other judge consents. We write to reiterate that such procedures are improper.
WRIT GRANTED.
. These procedures commonly present an issue which is capable of repetition but continues to evade review. See, Norris v. State, 737 So.2d 1240, 1241 (Fla. 5th DCA 1999), rev. granted, 749 So.2d 504 (Fla. 1999).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.