Florida District Courts of Appeal, 2005

Smith v. Jenne

Smith v. Jenne
Florida District Courts of Appeal · Decided September 14, 2005 · Gunther, Shahood, Warner
910 So. 2d 353; 2005 Fla. App. LEXIS 14411; 2005 WL 2219289 (Southern Reporter, Second Series)

Smith v. Jenne

Opinion of the Court

PER CURIAM.

We grant the petition for writ of habeas corpus, wherein petitioner seeks relief from pretrial bail set in the amount of $500,000.00, and remand for a hearing. Our review of the record reveals that petitioner was arrested following the issuance of a capias associated with his failure to surrender as anticipated. See Fla. R.Crim. P. 3.131(c). When ruling on petitioner’s motion for bail after recommitment, the trial court did not consider the requisite factors as set forth in rule 3.131(b), as required by subsection (h). See also § 903.046, Fla. Stat. (2004). Accordingly, we grant the petition and remand the case for a hearing to allow for such review.

GUNTHER, WARNER and SHAHOOD, JJ., concur.

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