Richard v. Reyes
The Third DCA granted a habeas petition and ordered a defendant's release on his own recognizance under Florida Rule of Criminal Procedure 3.134, holding that once he was removed from house arrest and taken into physical custody for violating its conditions, he became 'in custody' for purposes of the rule's 40-day formal-charging deadline. Because the State had not filed formal charges within 40 days of his removal to custody, the trial court erred in denying his release.
Key facts
- Defendant was on house arrest and removed from it and taken into physical custody after violating the conditions of house arrest.
- The State did not file formal charges against the defendant within 40 days of his removal to physical custody.
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Why it matters
This opinion clarifies an important distinction under Rule 3.134: while house arrest alone does not constitute 'custody' triggering the rule's charging deadlines (per Branch v. Junior), actual detention following… — full analysis with a trial
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