Swanson v. Allison, 93-525
| Decision Date | 26 April 1993 |
| Docket Number | No. 93-525,93-525 |
| Citation | 617 So.2d 1100 |
| Parties | 18 Fla. L. Week. D1120 Dave SWANSON, Petitioner, v. Thomas ALLISON, Director, Orange County Corrections, Respondent. |
| Court | Florida District Court of Appeals |
Steven G. Mason of Law Offices of Steven G. Mason, Orlando, for petitioner.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Belle B. Turner, Asst. Atty. Gen., Daytona Beach, for respondent.
Dave Swanson was arrested for "domestic violence battery," of which the statutory equivalent is simple battery. The judicial officer at first appearance detained Swanson and ordered a domestic violence investigation. Swanson filed a petition for writ of habeas corpus to obtain his pre-trial release. Although Swanson was subsequently released on bail after the investigation was completed, we issue this opinion because it addresses an issue of importance and is one that is likely to recur. See Martina v. State, 602 So.2d 1334, 1335 n. 5 (Fla. 5th DCA 1992).
The Constitution of the State of Florida provides that every person charged with a non-capital offense not punishable by life imprisonment is entitled to pre-trial release on reasonable conditions, unless no conditions of release can reasonably protect the community from risk of physical harm, assure the presence of the accused at trial, or insure the integrity of the judicial process. Art. I, Sec. 14, Fla. Const. Before denying pre-trial release because of the threat of harm to the community, the court must make several findings, including that the present charge is a "dangerous crime." See Sec. 907.041(4)(b)4., Fla.Stat. (1991). Although the legislature's definition of "dangerous crime" includes the felony offense of aggravated battery, 1 we find no constitutional or statutory authority for denying pre-trial release to one charged with misdemeanor battery, where the detention is based on a threat of harm finding.
The legislative intent with respect to domestic violence cases is that the court at first appearance consider the safety of the victim and the victim's minor children and exercise caution in releasing defendants. See Sec. 741.2902(1), Fla.Stat. (1991). However, if section 741.2902(1) is being used to detain those charged with simple batteries arising out of domestic disputes, the statute is being unconstitutionally applied. In this case, the state did not even seek pre-trial detention. Therefore, the judge's failure at first appearance to determine reasonable...
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Mazer v. Orange County
...Keezel v. State, 358 So.2d 247 (Fla. 4th DCA 1978)); Martina v. State, 602 So.2d 1334 (Fla. 5th DCA 1992); see also Swanson v. Allison, 617 So.2d 1100 (Fla. 5th DCA 1993). The instant case comes within the third exception. The collateral legal consequence here is Mazer's right, vel non, to ......
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Mazer v. Orange County Fl
...v. State, 358 So. 2d 247 (Fla. 4th DCA 1978)); Martina v. State, 602 So. 2d 1334 (Fla. 5th DCA 1992); see also Swanson v. Allison, 617 So. 2d 1100 (Fla. 5th DCA 1993). The instant case comes within the third exception. The collateral legal consequence here is Mazer's right, vel non, to atto......
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State v. Fox, 94-2316
...1013 (Fla. 2d DCA 1985) and Bradwell v. McClure, 488 So.2d 566 (Fla. 1st DCA 1986), and two cases from this district, Swanson v. Allison, 617 So.2d 1100 (Fla. 5th DCA 1993) and Martina v. State, 602 So.2d 1334 (Fla. 5th DCA 1992), as authority for his conclusion. This erroneous ruling const......