IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
ANTHONY RAY RHAGNANAN,
Petitioner,
v. Case No. 5D17-4043
LT No. 2017-CF-013151-A-0
STATE OF FLORIDA,
Respondent.
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Opinion filed December 27, 2017
Petition for Writ of Habeas Corpus,
A Case of Original Jurisdiction.
Robert Wesley, Public Defender, and
James Stevenson Fisher, Assistant
Public Defender, Orlando, for Petitioner.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Wesley Heidt, Assistant
Attorney General, Daytona Beach, for
Appellee.
PER CURIAM.
Anthony Ray Rhagnanan was arrested for attempted second-degree murder,
possession of cannabis with intent to sell or deliver, and attempted possession of
cannabis over twenty grams. At first appearance, the presiding judge granted reasonable
bond on the latter two charges but denied bond for the attempted second-degree murder.
Rhagnanan petitions for a writ of habeas corpus, arguing that his present pretrial
detention without bond is illegal. The State concedes error. We grant the writ and remand
for an expedited hearing.
Unless a person is charged with a capital offense or an offense punishable by life
imprisonment and the proof of guilt is evident or the presumption is great, the person is
entitled to pretrial release on reasonable conditions. See Art. I, § 14, Fla. Const.; Fla. R.
Crim. P. 3.131; Thermidor v. State, 146 So. 3d 95, 96 (Fla. 5th DCA 2014). Attempted
second-degree murder is not a capital offense or an offense punishable by life
imprisonment. It is a second-degree felony,1 thus entitling Rhagnanan to a pretrial
release on reasonable conditions, absent the court granting a proper motion from the
State seeking pretrial detention. Florida Rule of Criminal Procedure 3.132(a) provides
that the State may file with the judicial officer at first appearance a motion seeking pretrial
detention, “setting forth with particularity the grounds and the essential facts on which
pretrial detention is sought and certifying that the state attorney has received testimony
under oath supporting the grounds and the essential facts alleged in the motion.” No
such written motion was filed, and the State’s oral motion made at first appearance is not
sufficient under this rule. This rule further provides that if no motion is filed, the judicial
officer may inquire whether the State intends to file a motion for pretrial detention, and if
so, grant the State no more than three days to file the motion. “Upon a showing by the
State of probable cause that the defendant committed the offense and exigent
1 See §§ 782.04(2), 777.04(4)(c), Fla. Stat. (2017). However, under certain
circumstances where a defendant is charged with attempted second-degree murder with
a firearm and is alleged to have discharged the firearm, resulting in great bodily harm to
the victim, the defendant may face up to life imprisonment. § 775.087(2)(a)3. Our present
record is not sufficiently developed to determine whether Rhagnanan is facing life
imprisonment on the present charge.
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circumstances, the defendant shall be detained in custody pending the filing of the
motion.” Id. Here, the first appearance judge never made this inquiry nor was there a
showing or finding of exigent circumstances prior to the judge denying bond at the very
brief first appearance hearing.
Accordingly, because the procedures for pretrial detention were not followed, we
grant the petition for writ of habeas corpus and remand to the trial court to set an
expedited hearing to determine the issue of pretrial release or detention consistent with
rules 3.131 and 3.132.
PETITION GRANTED; CAUSE REMANDED.
EVANDER, BERGER, and LAMBERT, JJ., concur.
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