JACARIE JOSEPH v. DANIEL JUNIOR, etc. ( 2021 )


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  •        Third District Court of Appeal
    State of Florida
    Opinion filed May 11, 2021.
    Not final until disposition of timely filed motion for rehearing.
    ________________
    No. 3D21-1025
    Lower Tribunal No. F20-5277
    ________________
    Jacarie Joseph,
    Petitioner,
    vs.
    Daniel Junior, etc., et al.,
    Respondents.
    A Case of Original Jurisdiction – Habeas Corpus.
    Carlos J. Martinez, Public Defender, and James Odell, Assistant Public
    Defender, for petitioner.
    Ashley Moody, Attorney General, and Brian H. Zack, Assistant
    Attorney General, for respondent The State of Florida.
    Before LINDSEY, MILLER and BOKOR, JJ.
    BOKOR, J.
    Jacarie Joseph seeks habeas relief after being returned to custody for
    violating a condition of his pretrial release. The State did not allege he
    committed a new offense, rather, the State alleges Joseph violated the
    conditions of his house arrest. The State made an ore tenus motion to revoke
    bond, which the trial court granted after several hearings. The State did not
    file a written motion, nor did the trial court make factual findings to support
    its decision. The State concedes error:
    In Ginsberg v. Ryan, 
    60 So. 3d 475
    , 476-77 (Fla. 3d DCA 2011),
    this Court held that a trial court’s authority to hold a defendant
    without bond is circumscribed by the requirements of section
    907.041, Florida Statutes, and Florida Rules of Criminal
    Procedure 3.131 and 3.132. Pursuant to Rule 3.131(b)(1), a
    motion for pretrial detention must be filed before a defendant is
    eligible to be held without bond.
    Id. at 476-77;
    Golden v. Crow,
    
    862 So. 2d 903
    (Fla. 2d DCA 2003).
    Section 907.041(4)(e), Florida Statutes, mandates that the State
    file a motion seeking pretrial detention. Ginsberg v. Ryan, 
    60 So. 3d
    475, 477 (Fla. 3d DCA 2011) (citing § 907.041(4)(e), Fla. Stat.
    (2020)). The court must then hold a pretrial detention hearing
    within five days of the State’s filing of the motion seeking pretrial
    detention. § 907.041(4)(f), Fla. Stat. (2020).
    […]
    The proper remedy is a remand to the trial court so that it can
    comply with this Court’s precedent and the requirements of
    section 907.041(4)(c)(7). Under similar circumstances, this Court
    and other district courts have remanded so that the lower court
    can comply with the requirements set forth in section 907.041
    and Rules 3.131 and 3.132. See Ginsberg, 
    60 So. 3d
    at 478 (“We
    grant the petition for writ of habeas corpus and remand this
    cause to the trial court. The State shall have no more than three
    business days following the issuance of this opinion to file a
    legally sufficient motion for pretrial detention.”); Fuller v. State,
    
    116 So. 3d 1277
    , 1278 (Fla. 5th DCA 2013) (remanded for
    rehearing on motion); Buhbut v. Bieluch, 
    835 So. 2d 1222
    , 1223
    2
    (Fla. 4th DCA 2003) (remanding for expedited hearing to
    determine if conditions of bond were violated).
    State’s May 7, 2021 Response to Order to Show Cause at 4-5, 6-7. We agree
    that Ginsberg applies equally here. 1 Accordingly, we grant the petition for a
    writ of habeas corpus and remand this cause to the trial court.
    The State shall have no more than three business days following the
    issuance of this opinion to file a legally sufficient motion for pretrial detention.
    If the State files no timely motion, the trial court shall immediately conduct a
    hearing pursuant to Florida Rule of Criminal Procedure 3.131 to determine
    appropriate conditions of release. The defendant shall remain in custody
    pending the determination of pretrial release or detention.
    This opinion shall take effect immediately notwithstanding the filing or
    disposition of any motion for rehearing.
    1
    The Court recently addressed a remarkably similar circumstance in Orfelia
    v. Junior, No. 3D21-1052 (Fla. 3d DCA May 7, 2021) (Emas, C.J.)
    (reaffirming Ginsberg, granting mandamus relief, and ordering the State to
    file a legally sufficient motion for pretrial detention within three business days
    and requiring the trial court to conduct a hearing thereon).
    3
    

Document Info

Docket Number: 21-1025

Filed Date: 5/11/2021

Precedential Status: Precedential

Modified Date: 5/11/2021