Dicolla v. State

The petitioner, Stephen Dicolla, has filed a petition for writ of habeas corpus seeking an immediate bond hearing to determine conditions of pretrial release. We elect to treat this petition as a petition for writ of mandamus. See, Fla. R.App. P. 9.040(c). See also, Johnson v. Turner, 436 So.2d 291 (Fla. 2d DCA 1983). We grant the petition for writ of mandamus.

The petition alleges that the trial court has failed to act promptly on his request for a bond hearing. Florida Rule of Criminal Procedure 3.131(d)(1) requires that the trial court rule on a motion for setting *1287or modifying bail…