Peterson v. McNeil
The First DCA denied habeas relief to a DUI-manslaughter defendant whose pretrial release was revoked after he violated a no-alcohol condition. The court held that although the trial court did not recite the exact statutory language that 'no conditions of release can reasonably protect the community,' its oral findings sufficiently linked the violation to community danger to satisfy section 907.041(4)(i)'s findings requirement.
Key facts
- Peterson, a DUI-manslaughter defendant, had his pretrial release revoked after he violated a no-alcohol condition of release.
- The trial court revoked Peterson's release and ordered him detained pretrial without reciting the exact statutory language required by section 907.041(4)(i).
- +2 more key facts with a free trial
Why it matters
This opinion clarifies that trial courts need not recite the precise statutory language of section 907.041(4)(c)7 when revoking pretrial release, so long as the record demonstrates the court understood and applied the… — full analysis with a trial
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