Faella v. State

Petitioner seeks a writ of habeas corpus challenging the trial court’s sua sponte modification of bond from $5,000 to $500,000 on Count I. We grant the petition.

A trial court is without authority to sua sponte increase bond. Montgomery v. Jenne, 744 So.2d 1148, 1149 (Fla. 4th DCA 1999). Florida Rule of Criminal Procedure 3.131(d) permits the State to seek modification of bond by showing good cause and with at least three hours’ notice to defendant’s counsel. “The State must prove ‘a change in circumstances or additional evidence’ since the bond was originally set.” Creech v. Ryan, 972 So.2d…