JONATHAN FRANKLIN TOMS, v. STATE OF FLORIDA

Annotate this Case

Download PDF

IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA JONATHAN FRANKLIN TOMS, Petitioner, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D12-0353 STATE OF FLORIDA, Respondent. ___________________________/ Opinion filed March 5, 2012. Petition for Writ of Habeas Corpus -- Original Jurisdiction. T. Martin Knopes of Cadenhead, Campbell & Knopes, Crestview, for Petitioner. Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Respondent. PER CURIAM. The petition for writ of habeas corpus is denied on the merits. VAN NORTWICK and ROBERTS, JJ., CONCUR; THOMAS, J., Concurs with written opinion. THOMAS, J., Concurs with written opinion. I concur in the denial of the Petition for Writ of Habeas Corpus, but write to note that under Section 907.041 (4) (k), Fla. Stat., the legislature has stated that a defendant shall be entitled to dissolution of the pretrial detention order whenever the court finds a subsequent event has eliminated the basis for detention. (Emphasis added.) Here, the trial court declined to find that a subsequent event eliminated the basis for detention. Petitioner argues that his expert testimony regarding reasonable conditions of pre-trial release to protect the public should compel release. But under the statute, it is the trial court that must make this determination, and in light of the other evidence presented, I cannot hold as a matter of law that the trial court abused its discretion in its factual determinations. The trial court complied with the law and carefully considered the factors applicable here in detaining the Petitioner under the statutory scheme. See generally, State v. Blair, 39 So. 3d 1190 (Fla. 2010). Thus, I concur in the denial of the Petition for Writ of Habeas Corpus. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.