Opinion
No. 4D00-3832.
Opinion filed November 7, 2000.
Petition for writ of habeas corpus to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Stanton S. Kaplan, Judge; L.T. Case No. 00-8377CF10A.
Alan H. Schreiber, Public Defender, and Debra A. Bookout, Assistant Public Defender, Fort Lauderdale, for petitioner.
Robert A. Butterworth, Attorney General, Talahassee, and Don M. Rogers, Assistant Attorney General, West Palm Beach, for respondent.
Petitioner was arrested for DUI, grand theft auto, criminal mischief, and trespassing. At his first appearance, his bond was set at $1,000, the schedule amount.
At petitioner's arraignment, the court sua sponte increased bond to $5,000.
We grant the petition for writ of habeas corpus, quash the order revoking bond, and reinstate the original bond, without prejudice to the state's right to seek a revocation or bond increase in a properly noticed motion. See Montgomery v. Jenne 744 So.2d 1148 (Fla. 4th DCA 1999); Cousino v. Jenne, 717 So.2d 599 (Fla. 4th DCA 1998).
FARMER, SHAHOOD, AND GROSS, JJ., concur.