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James DAMERON, Petitioner, v. STATE of Florida, Respondent

Florida District Court of Appeal2016-06-20No. No. 5D16-1961
193 So. 3d 1088

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Opinion

majority opinion

PER CURIAM.

James Dameron petitions this court for a writ of habeas corpus seeking immediate release or the setting of a reasonable bond. Based on the State’s concession of error, we grant the writ and direct the trial court to conduct a Florida Rule of Criminal Procedure 3.131 pretrial release hearing within three business days. See Ho v. State, 929 So.2d 1155 (Fla. 5th DCA 2006). Our decision to grant the writ is without prejudice to the State’s ability to file a motion for pretrial detention should it choose to do so. See id. (citing Nguyen v. State, 925 So.2d 435 (Fla. 5th DCA 2006); Griffith v. State, 914 So.2d 1053 (Fla. 5th DCA 2005)).

PETITION GRANTED.

TORPY, COHEN and BERGER, JJ., concur.