MONTGOMERY v. JENNE

No. 99-3465.

744 So.2d 1148 (1999)

Yolanda MONTGOMERY, Petitioner, v. Ken JENNE, as Sheriff of Broward County, Florida, and State of Florida, Respondents.

District Court of Appeal of Florida, Fourth District.

October 28, 1999.


Attorney(s) appearing for the Case

Alan H. Schreiber, Public Defender, and Sarah W. Sandler, Assistant Public Defender, Fort Lauderdale, for petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda L. Melear, Assistant Attorney General, West Palm Beach, for respondents.


PER CURIAM.

At a hearing on Petitioner's motion to reduce bond, the trial court sua sponte increased her bond, doing so after viewing photographs of the victim's injuries, which had been detailed in the probable cause affidavit. The magistrate had considered the affidavit, but not the photographs, in setting Petitioner's initial bond. We grant her petition for writ of habeas corpus and quash that portion of the order increasing her bond.

A trial court does...

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