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Sardinas v. Junior

Florida Court of Appeals, Third District

July 12, 2018

Jose Sardinas, Petitioner,
v.
Daniel Junior, Director, Miami-Dade Corrections and Rehabilitation Department, and The State of Florida, Respondents.

          A Case of Original Jurisdiction - Habeas Corpus. Lower Tribunal No. 13-1105

          Carlos J. Martinez, Public Defender, and James Odell, Assistant Public Defender, for petitioner.

          Pamela Jo Bondi, Attorney General, and Sandra Lipman, Assistant Attorney General, for respondent The State of Florida.

          Before SALTER, LOGUE, and LINDSEY, JJ.

          LINDSEY, J.

          Jose 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 the petition.

         Mr. 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.

         On June 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.

         The 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.

         The 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 staying.

         At the 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.

         In the 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 2006).

         In Bratton v. Ryan, this ...


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