Opinion
No. 2D14–3947.
11-14-2014
David Allen MARK, Appellant/Petitioner(s), v. Grady JUDD, State Of Florida, Appellee/Respondent(s).
AMENDED ORDER
BY ORDER OF THE COURT.
The petition for writ of habeas corpus is granted. Within three business days following the issuance of this order, the trial court shall conduct a hearing to determine conditions of pretrial release pursuant to rule 3.131. See Miller v. State, 980 So.2d 1092 (Fla. 2d DCA 2008). This order does not preclude the State from filing a legally sufficient motion for pretrial detention under rule 3.132(b). If the State files a legally sufficient motion and shows beyond a reasonable doubt the need for pretrial detention pursuant to the criteria in section 907.041, Florida Statutes, the trial court shall include the findings required by rule 3.132(c)(2) and section 907.041(4)(i) in its order. Notably, the State conceded that the petition should be granted because the trial court failed to make the findings required by section 907.041(4)(c)(7).
KELLY, VILLANTI, and KHOUZAM, JJ., Concur.