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Acevedo v. State

Florida Court of Appeals, Fifth District
Mar 2, 2022
No. 5D22-0480 (Fla. Dist. Ct. App. Mar. 2, 2022)

Opinion

5D22-0480

03-02-2022

JOSE ACEVEDO, Petitioner, v. STATE OF FLORIDA, Respondent.

Robert Wesley, Public Defender, Latisha George and Tyler Alexander Branz, Assistant Public Defenders, Orlando, for Petitioner. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Respondent.


NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

Petition for Writ of Habeas Corpus, A case of Original Jurisdiction. Lower Case No. 2022-CF-001247-A-O Tarlika Teresa Nunez-Navarro, Judge.

Robert Wesley, Public Defender, Latisha George and Tyler Alexander Branz, Assistant Public Defenders, Orlando, for Petitioner.

Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

Jose Acevedo ("Petitioner") petitions our court for a writ of habeas corpus. Although the State had not motioned for pretrial detention, the trial court failed to set a bond on Petitioner's battery charge. The State properly concedes error. See Thomas v. State, 208 So.3d 326, 326-27 (Fla. 5th DCA 2017).

We grant the petition and direct the trial court to conduct a pretrial release hearing pursuant to Florida Rule of Criminal Procedure 3.131 no later than two business days following the issuance of this opinion.

PETITION GRANTED.

EVANDER, SASSO, AND COHEN, JJ., concur.


Summaries of

Acevedo v. State

Florida Court of Appeals, Fifth District
Mar 2, 2022
No. 5D22-0480 (Fla. Dist. Ct. App. Mar. 2, 2022)
Case details for

Acevedo v. State

Case Details

Full title:JOSE ACEVEDO, Petitioner, v. STATE OF FLORIDA, Respondent.

Court:Florida Court of Appeals, Fifth District

Date published: Mar 2, 2022

Citations

No. 5D22-0480 (Fla. Dist. Ct. App. Mar. 2, 2022)