Dameron v. State

Full title: JAMES DAMERON, Petitioner, v. STATE OF FLORIDA, Respondent.

Court: DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

Date published: Jun 20, 2016

193 So. 3d 1088 (Fla. Dist. Ct. App. 2016)

Opinion

No. 5D16–1961.

06-20-2016

James DAMERON, Petitioner, v. STATE of Florida, Respondent.

Lisa Figueroa, of Figueroa Law Firm, Orlando, for Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, and Andrea K. Totten, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

Lisa Figueroa, of Figueroa Law Firm, Orlando, for Petitioner.

Pamela Jo Bondi, Attorney General, Tallahassee, and Andrea K. Totten, Assistant Attorney General, Daytona Beach, for Respondent.

Opinion

PER CURIAM.

James Dameron petitions this court for a writ of habeas corpus seeking immediate release or the setting of a reasonable bond. Based on the State's concession of error, we grant the writ and direct the trial court to conduct a Florida Rule of Criminal Procedure 3.131 pretrial release hearing within three business days. See Ho v. State, 929 So.2d 1155 (Fla. 5th DCA 2006). Our decision to grant the writ is without prejudice to the State's ability to file a motion for pretrial detention should it choose to do so. See id . (citing Nguyen v. State, 925 So.2d 435 (Fla. 5th DCA 2006) ; Griffith v. State, 914 So.2d 1053 (Fla. 5th DCA 2005) ).

PETITION GRANTED.

TORPY, COHEN and BERGER, JJ., concur.