Narrative Opinion Summary
The case involves a defendant charged in two separate criminal cases, including lewd and lascivious exhibition, indecent exposure, lewd assault, and a lewd act. The incidents occurred while the defendant was out on bond from a previous charge. The circuit court revoked the defendant's bond under Florida Statutes Section 908.0471, which permits pretrial detention if there is probable cause to believe the defendant committed a new crime while on release. The decision was based on a citizen informant's report, corroborated by a police officer's observations, that the defendant engaged in indecent exposure at a public location. Despite the defendant's testimony contradicting the officer's account, the court found the latter more credible and proceeded to revoke the bond. Subsequently, the defendant's petition for a writ of habeas corpus was denied, affirming the bond revocation. The court's decision underscores the importance of credible testimony and adherence to statutory provisions regarding pretrial release conditions.
Legal Issues Addressed
Credibility of Witness Testimonysubscribe to see similar legal issues
Application: The court favored the testimony of the police officer over that of the defendant, citing the officer's account as more credible.
Reasoning: Morton's testimony contradicted the officer’s observations, but the court found the officer's testimony credible.
Denial of Habeas Corpus Petitionsubscribe to see similar legal issues
Application: The petition for writ of habeas corpus was denied, upholding the bond revocation based on the presented evidence.
Reasoning: The petition for writ of habeas corpus was denied.
Pretrial Detention under Florida Statutes Section 908.0471subscribe to see similar legal issues
Application: The court applied this statute to revoke the defendant's bond after finding probable cause that he committed a new crime while on release, based on corroborated evidence.
Reasoning: The circuit court revoked his bond based on section 908.0471, Florida Statutes (2000), which allows for pretrial detention if there is probable cause to believe the defendant committed a new crime while on release.