Opinion
No. 3D12–2117.
2012-08-14
Maridelmis OROZCO, Appellant(s)/Petitioner(s), v. The STATE of Florida, et al., Appellee(s)/Respondent(s).
Following review of the petition for writ of habeas corpus and the response thereto, it is ordered that said petition is hereby denied. SUAREZ, J., and SCHWARTZ, Senior Judge, concur.
EMAS, J., would grant the petition on the basis of Creech v. Ryan, 972 So.2d 1021 (Fla. 3d DCA 2008)(trial court may not increase bond on its own initiative, and any increase in bond sought by State requires proof of a change in circumstances or proof that the information relied upon for an increase in bond was not before the court at the time the original bond amount was set). EMAS, J., would withhold the formal issuance of the writ and direct the trial court to reinstate the original bond amount.