Opinion
Case No. 5D22-0258
02-21-2022
Israel Aaron PAGAN, Petitioner, v. STATE of Florida and Wayne Ivey, Sheriff, Brevard County, Florida, Respondents.
Daniel Martinez, of Law Offices of Daniel Martinez, PLLC, Palm Bay, for Petitioner. Ashley Moody, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Respondents.
Daniel Martinez, of Law Offices of Daniel Martinez, PLLC, Palm Bay, for Petitioner.
Ashley Moody, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Respondents.
PER CURIAM.
Israel Aaron Pagan ("Pagan"), who was previously found incompetent to proceed, petitions for a writ of habeas corpus, seeking immediate release from the Brevard County Jail. Pagan argues that the trial court erred by revoking his conditional release in case 2021-CF-049395 and, in turn, cases 2020-CF-038601 and 2019-CF-058080. He asserts that revoking his conditional release and detaining him in the Brevard County Jail pending a competency re-evaluation is contrary to this Court's decision in Smith v. State , 247 So. 3d 77 (Fla. 5th DCA 2018). We agree.
The record evidence indicates that Pagan was adjudicated incompetent to proceed due to intellectual disability or autism in case 2017-CF-047635 and released upon conditions. He was likewise released upon conditions in the subsequent cases 2019-CF-058080, 2020-CF-038601, and 2021-CF-049395 based upon his prior adjudication of incompetency to proceed in case 2017-CF-047635. Thereafter, he committed a new law violation in case 2021-MM-052239 that led to the State filing a motion to revoke bond in case 2021-CF-049395.
As the trial court appeared to recognize, there was insufficient evidence for the trial court to find that Pagan qualified for involuntary commitment at the time that the trial court revoked his conditional release in case 2021-CF-049395 and, in turn, cases 2020-CF-038601 and 2019-CF-058080. Because there was insufficient evidence for the trial court to find that Pagan qualified for involuntary commitment, the trial court could only modify Pagan's conditions of release. Id. ; see also Dodd v. State , 304 So. 3d 809 (Fla. 5th DCA 2020) ; Dodd v. State , 259 So. 3d 311 (Fla. 5th DCA 2018). As such, this Court grants Pagan's Petition for Writ of Habeas Corpus and orders the trial court to hold an immediate hearing to determine whether Pagan's release conditions should be modified or remain the same.
PETITION GRANTED; IMMEDIATE HEARING ORDERED.
LAMBERT, C.J., EDWARDS and NARDELLA, JJ., concur.