5D06-4376 Juste v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D06-4376

Case Date: 01/01/2007

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2006

KERVIN JUSTE, Petitioner, v. STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed January 3, 2007 Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction. Raymond M. Warren and Joseph C. Warren of Warren & Warren, P.A., Daytona Beach, for Petitioner. Bill McCollum, Attorney General, Tallahassee, and Jeffrey R. Casey, Assistant Attorney General, Daytona Beach, for Respondent. PER CURIAM. Petitioner, Kervin Juste, seeks a writ of habeas corpus to obtain pretrial release. Petitioner is charged with burglary of a dwelling with an assault or battery, a first-degree felony punishable by life, and two counts of false imprisonment. He has been detained without bond since his arrest on November 27, 2006. Petitioner filed a motion to set bond, and at the conclusion of the hearing the court denied the motion. As the state did not file a motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132, the trial court should have determined the proper conditions Case No. 5D06-4376

of pretrial release at the hearing on the motion to set bond. See Kelly v. State , 939 So. 2d 1150 (Fla. 5th DCA 2006); Ho v. State, 929 So. 2d 1155 (Fla. 5th DCA 2006); Nguyen v. State, 925 So. 2d 435 (Fla. 5th DCA 2006). Petitioner is charged with a first degree felony punishable by a term of years not exceeding life imprisonment. See

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