ASUNCIO LUYAO, PETITIONER,
v.
KEN MASCARA, SHERIFF, ST. LUCIE COUNTY, RESPONDENT
ASUNCIO LUYAO, PETITIONER,
KEN MASCARA, SHERIFF, ST. LUCIE COUNTY, RESPONDENT
815 So. 2d 748
Florida District Court of Appeal, Fourth District (2002)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Petitioner is a medical doctor who was recently arrested on numerous charges relating to the illegal sale or delivery of drugs. The trial court, in setting bond, followed the local bond schedule for each charge, and when the amounts were added together, they totaled $1,890,000. Petitioner seeks a writ of habeas corpus which we grant, because the amount of bail is excessive in light of the financial circumstances of the petitioner. Excessive bail is tantamount to no bail. Alvarez v. Crowder, 645 So. 2d 63 (Fla. 4th DCA 1994) and cases cited. We therefore grant the petition and return it to the trial court for a new determination of reasonable bail in a reduced amount.
GUNTHER, KLEIN and HAZOURI, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Chay Alexander v. Broward Cnty. Sheriff's Off. & Al Lamberti, 6 So. 3d 707 (Fla. 4th DCA 2009)…ncial circumstances. It is well settled that excessive bond is tantamount to no bond, and that an appellate court will grant relief where the petitioner shows that the amount of bond set is unreasonable under the circumstances. See Luyao v. Mascara, 815 So. 2d 748 (Fla. 4th DCA 2002); Brazil v. Jenne, 755 So. 2d 784 (Fla. 4th DCA 2000). Here, the petitioner has demonstrated that the amount of bond was unreasonable. Petitioner testified at the bond hearing that he worked as a barber earning about $17,000 ann…
Authorities Cited
- Alvarez v. Crowder, 645 So. 2d 63 (Fla. 4th DCA 1994)