Roby v. State

On August 1, 2001, Kevin Roby, petitioner, was taken into custody by the trial *190court and ordered held without bail until time of trial. He petitions this Court for a writ of habeas corpus alleging that the trial judge revoked his bond without complying with the requirements of section 907.041(c), Florida Statutes (2000). For the reasons that follow, we grant the petition.

Petitioner was scheduled for trial. Because his attorney was sick, a motion for continuance was filed and scheduled by the court to be heard on August 1, 2001 at 8:30 a.m. All parties received proper notice. At 8:30 a.m., the…