STATE OF FLORIDA, APPELLANT,
v.
CARLTON AJIM, APPELLEE
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The court held that the trial court misconstrued a prior order by precluding the application of State v. Arthur, which allows denial of bail when proof is evident and presumption is great for certain offenses.
The state sought certiorari to quash an order setting bond for a defendant charged with kidnapping, an offense punishable by life imprisonment. The tr…
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PER CURIAM.
The state seeks a writ of certiorari to quash an order setting bond. Upon a review of the record, it appears that the trial court misconstrued a prior order of this court dated December 29, 1989 granting a petition for a writ of habeas corpus. That order directed that a bond hearing be conducted or that an order be entered denying bond in accordance with Florida Statutes 907.041.
The defendant is charged with kidnapping, an offense punishable by life imprisonment. The trial court at the subsequent hearing concluded that our December 29, 1989 order precluded application of State v. Arthur, 390 So. 2d 717 (Fla.1980) to this offense notwithstanding potential findings that the proof is evident and the presumption great. As a result, the trial court proceeded under the conclusion that the mandate of this court removed all discretion to deny bail absent proof of the factors in section 907.041(4)(b)4 a-c.
We grant certiorari and quash the order setting bond.
The criteria for denying bail set forth in section 907.041 are complementary to, and do not replace, the discretion of the court to deny bail, recognized in State v. Arthur, as to crimes punishable by death or life in prison where the proof is evident and the presumption great. See Driggers v. Carson, 486 So. 2d 25 (Fla. 1st DCA 1986). We note that this issue was not before this court in the earlier petition.
HERSEY, C.J., and GUNTHER and STONE, JJ., concur.
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Paul v. Jenne, 728 So. 2d 1167 (Fla. 4th DCA 1999)…an, except, perhaps, as a starting point in our analysis of the constitutional principle that persons charged with crimes in Florida have a general right to pretrial release on reasonable conditions. Houser also cites our decision in State v. Ajim, 565 So. 2d 712 (Fla. 4th DCA 1990), for the proposition that “it has been explicitly held that section 907.041 is complementary to, and does not replace, a trial court’s already-existing power to deny bail.” Id. at 311. In Ajim, we were referring to the trial cour…
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Houser v. Manning, 719 So. 2d 307 (Fla. 3d DCA 1998)…d [*311] conditions, and revoke bond where bond conditions have been breached. Indeed, it has been explicitly held that section 907.041 is complementary to, and does not replace, a trial court’s already-existing power to deny bad. See State v. Ajim, 565 So. 2d 712 (Fla. 4th DCA 1990); see also State v. Fox, 647 So. 2d 1051, 1051-52 (Fla. 5th DCA 1994); Driggers v. Carson, 486 So. 2d 25, 25-26 (Fla. 1st DCA 1986). It is true that one portion of section 907.041 authorizes the refusal of bond where it is shown…
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State v. Perry, 605 So. 2d 94 (Fla. 3d DCA 1992)…a matter of right because the proof of guilt was not evident and the presumption of guilt was not great. We have jurisdiction to entertain this petition. Art. V, § 4(b)(3), Fla. Const.; see State v. Pettis, 520 So. 2d 250 (Fla.1988); State v. Ajim, 565 So. 2d 712 (Fla. 4th DCA 1990). I On May 27, 1992, the respondent Carl Douglas Perry was released on his own recognizance by United States District Court Judge Norman C. Roettger, Jr. after the jury was unable to reach a verdict in a federal RICO prosecution…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Arthur, 390 So. 2d 717 (Fla. 1980)
- Driggers v. Carson, 486 So. 2d 25 (Fla. 1st DCA 1986)