Summary
granting writ of mandamus based on duty imposed by Florida Rule of Criminal Procedure 3.131
Summary of this case from Doe v. StateOpinion
No. 2D12–493.
2012-02-6
Juan Castro GONZALEZ, Appellant/Petitioner(s), v. Kevin J. RAMBOSK, Sheriff, Appellee/Respondent(s).
BY ORDER OF THE COURT.
Petitioner's emergency petition for writ of habeas corpus is treated as a petition for writ of mandamus and is granted. See Benn v. Judd, 975 So.2d 1141, 1141 (Fla. 2d DCA 2007); Dicolla v. State, 763 So.2d 1286, 1286 (Fla. 5th DCA 2000). Florida Rule of Criminal Procedure 3.131(d)(1) (2011) requires the trial court to rule on a motion to modify bond promptly. The trial court has failed to do so in this case and is therefore ordered to hold a hearing on Petitioner's motion to reduce bond by 5:00 p.m. on Wednesday, February 8, 2012, and enter an order on the motion by 5:00 p.m. on Friday, February 10, 2012.