Simmons v. State

Gerrard L. Simmons seeks a writ of habeas corpus challenging the trial court’s sua sponte order revoking his pretrial release and incarcerating him on a $100,000 bond for charges of burglary, grand theft, resisting arrest without violence, and possession of marijuana. In a previous order of this court, we granted the petition for writ of habeas corpus, struck the trial court’s sua sponte imposition of a $100,000 bond, and reinstated Simmons’ previously ordered total bond of $10,000. This opinion now follows.

Florida Rule of Criminal Procedure 3.131(d)(2) permits the State to apply for…