Facts
- Jose Nunez-Dosangos was arrested in connection with a shooting incident on October 11, 2018, alongside codefendant Reno Ramos [lines="40-42"].
- A felony complaint charged both defendants with murder, assault with a semiautomatic firearm, and other offenses, with serious firearm and gang enhancements [lines="48-80"].
- Petitioner was denied bail initially and remained in jail for nearly six years pending trial due to a series of continuances and motions [lines="81-113"].
- The magistrate dismissed the murder charge against Nunez-Dosangos citing insufficient evidence of his knowledge regarding Ramos's intent to use the firearm [lines="92-93"].
- Nunez-Dosangos later pleaded guilty to being an accessory after the fact, after which his petition for a writ of habeas corpus became moot [lines="164-165"].
Issues
- Did the prolonged pretrial detention of Nunez-Dosangos violate his due process rights given that it exceeded the maximum sentence for the charge against him? [lines="554-555"]
- Was the trial court's decision not to release Nunez-Dosangos consistent with public safety and due process requirements? [lines="114-116"]
Holdings
- Nunez-Dosangos's pretrial detention was excessive in relation to public safety goals and constituted impermissible punishment in violation of his due process rights [lines="553-554"].
- The petition for a writ of habeas corpus was dismissed as moot following his guilty plea and release on recognizance, although the court noted the due process implications of his detention [lines="555-558"].
OPINION
*1 F IFTH D ISTRICT C OURT OF A PPEAL S TATE OF F LORIDA _____________________________ Case No. 5D2023-2112 LT Case No. 2022-CF-003897 _____________________________ N ATHANEAL H EAVEN ,
Appellant,
v.
S TATE OF F LORIDA ,
Appellee.
_____________________________ On appeal from the Circuit Court for Marion County.
Lisa D. Herndon, Judge.
Matthew J. Metz, Public Defender, and Andrew Mich, Assistant Public Defender, Daytona Beach, for Appellant.
Ashley Moody, Attorney General, Tallahassee, and Stephen R. Putnam, Jr., Assistant Attorney General, Daytona Beach, for Appellee.
December 6, 2024 P ER C URIAM .
Affirmed. See Russell v. State , 982 So. 2d 642 (Fla. 2008).
E ISNAUGLE and M AC I VER , JJ., concur.
E DWARDS , C.J., dissents, with opinion.
Case No. 5D2023-2112 LT Case No. 2022-CF-003897 Edwards, C.J., dissenting.
I dissent for the reasons expressed in my dissenting opinion in Reynolds v. State , 283 So. 3d 885 (Fla. 5th DCA 2019).
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331 .
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