Opinion
No. 2D16–2309.
07-07-2016
Cherry L. OLDS, Appellant/Petitioner(s), v. Grady C. JUDD, Sheriff, Appellee/Respondent(s).
BY ORDER OF THE COURT.
The petitioner's petition for writ of habeas corpus is denied on the ground that the State met its burden to demonstrate that the proof of guilt is evident or the presumption is great. However, this denial is without prejudice for the petitioner to seek release on bail. See Reeves v. Nocco, 141 So.3d 775, 779 (Fla. 2d DCA 2014) ("[E]ven if the State meets its burden under Russell [v. State, 71 So. 27, 28 (1916) ], the circuit court may exercise discretion to grant pretrial release if the defendant can prove that conditions of release can effectively protect the public from the risk of physical harm, assure his presence at trial, and assure the integrity of the judicial process."). "On this issue, the burden is on the accused to demonstrate that release on bail is appropriate ." Preston v. Gee, 133 So.3d 1218, 1222 (Fla. 2d DCA 2014) (quoting State v. Arthur, 39 So.2d 717, 720 (Fla.1980)).
WALLACE, LaROSE, and SALARIO, JJ., Concur.