Third District Court of Appeal
State of Florida
Opinion filed May 11, 2021.
Not final until disposition of timely filed motion for rehearing.
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No. 3D21-1025
Lower Tribunal No. F20-5277
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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