Andrew W. Nielsen v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED ANDREW WYATT NIELSON, Petitioner, v. Case No. 5D17-253 STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed February 1, 2017 Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction. Robert Wesley, Public Defender, and Joshua Sinclair, Assistant Public Defender, Orlando, for Petitioner. Pamela Jo Bondi, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Respondent. PER CURIAM. Petitioner, Andrew Wyatt Nielson, petitions this court for a writ of habeas corpus claiming he is being unlawfully detained in that the trial court did not conduct a full bond hearing to determine reasonable conditions for pre-trial release pursuant to Florida Rule of Criminal Procedure 3.131(b). We agree and grant the petition for habeas corpus. We remand the matter back to trial court to conduct a full bond hearing pursuant to Florida Rule of Criminal Procedure 3.131(b). PETITION GRANTED, REMANDED FOR FURTHER PROCEEDINGS. BERGER, WALLIS, JJ., and JACOBUS, B.W., Senior Judge, concur. 2

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