Calzetta v. State
Calzetta v. State
Opinion of the Court
*274Petitioner, Paul Matthew Calzetta, seeks a writ of habeas corpus directing the lower court to hold a hearing for the purposes of setting a new bond and reasonable conditions for pretrial release. We grant the petition, quash the order denying the motion to set bond after recommitment, and remand to the lower court for a hearing.
The State charged Petitioner with Trafficking in 200 Grams or More of Methamphetamine and Possession of a Controlled Substance with Intent to Sell or Deliver, which are felony offenses. Petitioner bonded out of custody, but later violated a condition of his pretrial release by failing to complete a drug test. The State filed a motion to revoke Petitioner's pretrial release, which the lower court granted. The court then set Petitioner's bond at zero. Subsequently, Petitioner filed a motion to set a new bond, which was denied without a hearing.
As required by both statute and rule, "[a]n application for modification of bail on any felony charge must be heard by a court in person, at a hearing with the defendant present, and with at least three hours' notice to the state attorney." § 903.035(2), Fla. Stat. (2017) ; cf. Fla. R. Crim. P. 3.131(d)(2). Thus, Petitioner's motion to set a new bond was improperly denied without a hearing. See Moore v. State,
Accordingly, we grant the petition, quash the order under review, and remand this matter to the lower court for a proper hearing.
PETITION GRANTED; ORDER QUASHED; and CAUSE REMANDED.
EVANDER, C.J., HARRIS and GROSSHANS, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.