of Original Jurisdiction - Habeas Corpus. Lower Tribunal No.
J. Martinez, Public Defender, and James Odell, Assistant
Public Defender, for petitioner.
Jo Bondi, Attorney General, and Sandra Lipman, Assistant
Attorney General, for respondent The State of Florida.
SALTER, LOGUE, and LINDSEY, JJ.
Sardinas petitions this Court to issue a writ of habeas
corpus ordering the trial court to set conditions for his
pretrial release. For the reasons set forth below, we deny
Sardinas was arrested on January 15, 2018 and charged with
aggravated assault with a deadly weapon. Since that time, Mr.
Sardinas has failed to comply with the conditions of his
pretrial release on at least three separate occasions. His
most recent arrest stems from an alias capias issued on
December 4, 2015 and served on June 15, 2018.
24, 2018, Mr. Sardinas' counsel filed a motion entitled,
Motion to Instate Bond, requesting that a bond be set and
contending that the trial court cannot hold him in pretrial
detention without a written motion filed by the State. The
next day, on June 25, 2018, the State filed a motion
entitled, State's Motion to Revoke the Defendant's
Bond Pursuant to Rule 3.131, wherein the State asserted that:
There has been a change in circumstances since the First
Appearance Judge heard bond arguments: the Defendant has
absconded the Honorable Court for over two years,
demonstrating that the Defendant poses an increased risk of
flight. This Court is bound to consider any condition deemed
necessary to assure a defendant's appearance as required,
and the penalty the Defendant now faces increased flight
liability since he has absconded this Court over two years.
Therefore, the Defendant's bond should reflect
accordingly to assure his presence in court.
trial court heard both motions on June 25, 2018. At the
hearing, Mr. Sardinas, through counsel, represented that he
has family in the community, is not working, was originally
released to the pretrial intervention (PTI) program, that
there were "some failures to appear," and that his
bond was revoked on December 4, 2015. He further represented,
through counsel, that he was willing to comply with any
requirement of the court, including house arrest with a
monitor, yet was unable to provide a current address.
State argued that the only way to secure Mr. Sardinas'
presence before the court was to hold him in custody and
expressed concern over the number of years he had been absent
from the court, that he was a flight risk and, that even on
house arrest, there would be no way to know where he is
conclusion of the hearing, the trial court stated:
"Under the circumstances, the [c]ourt is going to hold
the defendant no bond and make a finding that there is no
condition of release that I can set that will reasonably
assure his appearance and the safety of the community against
the factual background I just reviewed." The trial court
based its determination to hold Mr. Sardinas on the fact
that: (1) it's "a case involving violence," (2)
he is not "a native and a citizen of the United
States," (3) he "has been missing for about three
years from the proceedings in this case, since the AC [alias
capias]," (4) he is not employed, and (5) he is homeless
which gives rise to a concern that "we wouldn't know
where to find him potentially." On June 29, 2018, the
instant petition was filed.
petition, Mr. Sardinas contends that the State's motion
was facially insufficient to initiate pretrial detention
proceedings pursuant to section 907.041, Florida Statutes
(2018), and Florida Rule of Criminal Procedure 3.131. As
such, Mr. Sardinas contends that "[w]hen the State does
not file a motion for pretrial detention a court 'is not
authorized to impose pretrial detention.'"
Resendes v. Bradshaw, 935 So.2d 19, 20 (Fla. 4th DCA
Bratton v. Ryan, this ...