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Winkelholz v. Lamberti

District Court of Appeal of Florida, Fourth District
Mar 20, 2008
975 So. 2d 640 (Fla. Dist. Ct. App. 2008)

Opinion

No. 4D08-976.

March 20, 2008.

Petition for writ of habeas corpus to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Pedro Dijols, Judge; L.T. Case No. 07-19992 CF10A.

Emmanuel Simon, Lauderhill, for petitioner.

Bill McCollum, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for respondent State of Florida.


Christopher Winkelholz petitions this court for a writ of habeas corpus. Winkelholz is being held without bond on charges of grand theft and uttering a forged instrument. No motion for pretrial detention was filed, and the order does not include findings to support, the denial. Consequently, we grant the petition and remand to the trial court to either provide findings to support the denial or set an expedited hearing to determine the issue of pretrial release or detention according to Rules 3.131 and 3.132 of the Florida Rules of Criminal Procedure. Lee v. State, 956 So.2d 1292 (Fla. 4th DCA 2007); Resendes v. Bradshaw, 935 So.2d 19 (Fla. 4th DCA 2006).

TAYLOR, HAZOURI and MAY, JJ., concur.


Summaries of

Winkelholz v. Lamberti

District Court of Appeal of Florida, Fourth District
Mar 20, 2008
975 So. 2d 640 (Fla. Dist. Ct. App. 2008)
Case details for

Winkelholz v. Lamberti

Case Details

Full title:Christopher WINKELHOLZ, Petitioner, v. Al LAMBERTI, Sheriff of Broward…

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 20, 2008

Citations

975 So. 2d 640 (Fla. Dist. Ct. App. 2008)