Young v. Shoap
Young v. Shoap
Opinion of the Court
Patrick A. Young petitions this court for a writ of habeas corpus. Young is being held without bond on a charge of aggravated stalking, for which he is eligible for pretrial detention under section 907.041(4)(a), Florida Statutes (2002). However, the State has failed to file a motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132. Rule 3.132(a) states, “If no such motion is filed, or the motion is facially insufficient, the judicial officer shall proceed to determine the conditions of release pursuant to the provisions of rule 3.131(b)(1).” Rule 3.131(b)(1) sets forth the possible conditions of release, none of which include being held without bond.
Petition granted; remanded with directions.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.