Opinion
No. 2D12–3375.
03-24-2014
Earnest HARDY, Appellant/Petitioner(s), v. David GEE, Sheriff, Appellee/Respondent(s).
Opinion
BY ORDER OF THE COURT.
The petitioner's petition for writ of habeas corpus is granted. See Preston v. Gee, No. 2D12–3125 (Fla. 2d DCA March 14, 2014). The circuit court's determination at first appearance that the proof of guilt is evident or the presumption is great that the petitioner committed the offenses of attempted felony murder and armed robbery is set aside. If the petitioner is still being held without bond, the court shall expeditiously determine the appropriate conditions of pretrial release under Florida Rule of Criminal Procedure 3.131 or, upon proper motion by the State, conduct the appropriate hearing in accordance with Preston to determine whether petitioner may be detained pursuant to rule 3.132 or State v. Arthur, 390 So.2d 717 (Fla.1980).
NORTHCUTT, CRENSHAW, and BLACK, JJ., Concur.