People v. Willenborg

The State appealed from an order of the trial court granting the defendant pretrial release with conditions pursuant to the Pre-Trial Fairness Act. On appeal, the State argued that the trial court abused its discretion by finding that certain conditions were sufficient to mitigate the threat defendant posed to any person or persons of the community. The appellate court reversed and remanded, finding that the trial court abused its discretion by imposing conditions that allowed defendant to return to the same circumstances under which the alleged crimes took place. The appellate court remanded with instructions that the trial court hold another hearing to determine appropriate conditions for defendant’s release, if any. (MOORE and BOIE, concurring)