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993 So. 2d 642

Docket No. 4D08-4260.

Mata v. Lamberti

Francis MATA, Petitioner, v. Al LAMBERTI, Sheriff, et al., Respondents.

District Court of Appeal of Florida

Decided November 12, 2008.

District Court of Appeal of Florida · decided 2008-11-12

Cited by 1 later decisions — most recently March 2009

1 state decisions

Relies on 768 So. 2d 1070 - State v. Norris

Good law ✅— No negative treatment on recordhow we know

Decided 2008-11-12

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¶1Jason W. Kreiss of The Kreiss Law Firm, Fort Lauderdale, for petitioner.

¶2Bill McCollum, Attorney General, Tallahassee, and Melanie Dale Surber, Assistant Attorney General, West Palm Beach, for respondents.

¶3PER CURIAM.

¶4The petition for habeas corpus relief is denied. The petitioner was arrested on a capias in which the issuing judge directed that petitioner be held without bond. The judge did not authorize the setting or modification of bail by the judge presiding over first appearance. Therefore, the first appearance judge had no authority to grant bail. See Fla. R.Crim. P. 3.131(j); State v. Norris,768 So.2d 1070, 1072 (Fla.2000) ("The express language of this rule gives the issuing capias judge the authority to limit the setting or modification of bail by the first appearance judge."). Any application for modification of bail must be made to the judge assigned to preside over *643 petitioner's case, which judge also issued the no bond hold on petitioner.

¶5WARNER, TAYLOR and MAY, JJ., concur.

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