IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NOT FINAL UNTIL TIME EXPIRES TO
FILE MOTION FOR REHEARING AND
DISPOSITION THEREOF IF FILED
WILLIE THOMAS,
Petitioner,
v. Case No. 5D16-4451
STATE OF FLORIDA,
Respondent.
________________________________/
Opinion filed January 11, 2017
Petition for Writ of Habeas Corpus,
A Case of Original Jurisdiction.
Corey Cohen, of Law Office of Corey I.
Cohen, P.A., Orlando, for Petitioner.
Pamela Jo Bondi, Attorney General,
Tallahassee, and Kaylee D. Tatman,
Assistant Attorney General, Daytona
Beach, for Respondent.
PER CURIAM.
Willie Thomas petitions our court for a writ of habeas corpus. The State charged
Thomas with attempted second-degree murder with a firearm, possession of a firearm by
a convicted felon, carrying a concealed firearm, and possession of cocaine. After two
separate hearings, the trial court denied Thomas's requests for bond. Thomas argues the
trial court erred by denying bond because the State never filed a motion for pretrial
detention. We agree and grant the petition.
Florida Rule of Criminal Procedure 3.131(a) provides, "Unless charged with a
capital offense or an offense punishable by life imprisonment and the proof of guilt is
evident or the presumption is great, every person charged with a crime or violation of
municipal or county ordinance shall be entitled to pretrial release on reasonable
conditions." If the State does not move for pretrial detention, or if its motion is facially
insufficient, "the judicial officer shall proceed to determine the conditions of release
pursuant to the provisions of rule 3.131(b)." Fla. R. Crim. P. 3.132(a).
Here, none of the charged offenses are capital felonies or life felonies. Under these
circumstances, if the State fails to move for pretrial detention, a trial court may not deny
a defendant's motion for bond. See Jenkins v. State, 86 So. 3d 1273, 1274 (Fla. 5th DCA
2012); Kelly v. State, 939 So. 2d 1150, 1151 (Fla. 5th DCA 2006). Accordingly, we grant
Thomas's petition and direct the trial court to conduct a pretrial release hearing pursuant
to rule 3.131 no later than three business days following the issuance of this opinion. We
note that our decision is without prejudice to the State's ability to file a motion for pretrial
detention, if it so chooses. See Fla. R. Crim. P. 3.132(a) ("A motion for pretrial detention
may be filed at any time prior to trial.").
PETITION GRANTED.
SAWAYA, ORFINGER and WALLIS, JJ., concur.
2