Sarac v. Gaultieri
The Second DCA denied as moot a habeas petition challenging revocation of pretrial release, but wrote to clarify that the revocation procedure used below was improper. A first-appearance judge (Judge Zuroweste) revoked the petitioner's bond in an unrelated pending case at the informal request of the assigned trial judge (Judge Siracusa), citing Rule 3.131(d) and section 903.0471, but the panel held that neither authority supported this cross-judge delegation.
Key facts
- Petitioner sought habeas relief challenging revocation of his pretrial release in a pending criminal case.
- A first-appearance judge revoked petitioner's bond at the informal request of the assigned trial judge in petitioner's case, citing Rule 3.131(d) and section 903.0471.
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Why it matters
This opinion addresses a recurring informal practice—trial judges asking first-appearance judges to revoke bond in unrelated pending cases—and makes clear that Rule 3.131(d) does not authorize such delegation. Criminal… — full analysis with a trial
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