Summary
granting "the petition for writ of habeas corpus because, as the State candidly concede[d], ‘the State did not seek pretrial detention’ and Kendall [was] not charged with a capital felony or a felony punishable by life imprisonment"
Summary of this case from Perano v. StateOpinion
Case No. 5D20-0270
02-06-2020
Gary Lee KENDALL, Petitioner, v. STATE of Florida and Louis Quinones, Jr., as Chief of Orange County Corrections, Respondents.
Robert Wesley, Public Defender, and Robert Adams, Assistant Public Defender, Orlando, for Petitioner. Ashley Moody, Attorney General, Tallahassee, and Richard A. Pallas, Jr., Assistant Attorney General, Daytona Beach, for Respondent State of Florida. No Appearance for Remaining Respondent.
Robert Wesley, Public Defender, and Robert Adams, Assistant Public Defender, Orlando, for Petitioner.
Ashley Moody, Attorney General, Tallahassee, and Richard A. Pallas, Jr., Assistant Attorney General, Daytona Beach, for Respondent State of Florida.
No Appearance for Remaining Respondent.
PER CURIAM.
We grant the petition for writ of habeas corpus because, as the State candidly concedes, "the State did not seek pretrial detention" and Kendall is not charged with a capital felony or a felony punishable by life imprisonment. See Rodriguez v. State , 269 So. 3d 639, 640 (Fla. 5th DCA 2019). We do so without prejudice to the State filing a motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132, should it choose to do so. Rodriguez , 269 So. 3d at 640. We therefore remand for an expedited hearing which will either address such a motion, if filed, or determine reasonable conditions of release. Fla. R. Crim. P. 3.131.
PETITION GRANTED.
EISNAUGLE, HARRIS, and TRAVER, JJ., concur.