Guerrero v. McRay

Alexander Guerrero seeks habeas corpus relief from his detention and bond set at $10,000.00 pending his trial on a charge of making a false insurance claim and grand theft. We grant the petition because the trial court was without authority to increase Guerrero’s bond on its own.

The trial court set a bond of $8,500.00 after which the State sought an enhanced penalty. Based upon the State’s notice to seek the enhanced penalty, the trial court sua sponte, citing to Calixtro v. McCray, 858 So.2d 1079 (Fla. 3d DCA 2003), increased Guerrero’s bond from $3,500.00 to $10,000.00. Guerrero objected to…