THE STATE OF FLORIDA EX REL. ROLANDO BARDINA, RELATOR,
v.
JACK SANDSTROM, DIRECTOR, DADE COUNTY DEPARTMENT OF CORRECTIONS AND REHABILITATION AND, ELLEN J. MORPHONIOS, CIRCUIT JUDGE, RESPONDENTS
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A Florida appellate court reviewed a habeas corpus petition challenging an excessive bail amount of $350,000 set in a capital felony murder case. The court found the bail was excessive and reduced it to $50,000, emphasizing that defendants entitled to bail are entitled to reasonable bail proportionate to their financial circumstances.
The court held that the $350,000 bail was excessive by $300,000 and reduced it to $50,000. The court reasoned that when a defendant is entitled to bail, he is entitled to reasonable bail, and excessive bail depending on a defendant's financial circumstances is tantamount to no bail at all.
[1] A trial court's discretion in setting bail is subject to the constitutional requirement that bail must be reasonable.
[2] Excessive bail, depending on the defendant's financial circumstances, is tantamount to no bail.
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Join FLexlaw to unlock all legal intelligence“when a defendant is entitled to bail he is entitled to reasonable bail”
Establishes the core principle that reasonable bail is a constitutional requirement when bail is permitted
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Join FLexlaw to unlock all legal intelligenceBardina, a Cuban refugee residing in Miami for seven months, was indicted for first-degree murder, robbery, and related property offenses. The trial j…
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[*631] PER CURIAM.
By this petition for writ of habeas corpus, we are called upon to review the amount of bond set by the trial court in a capital felony cause. The petitioner was indicted for the crime of murder in the first degree and robbery. He has also been charged with buying, receiving, or concealing stolen property and possession of a short barrelled shotgun.
The trial judge found, as to the charge of murder in the first degree and robbery, that the proof of guilt was not evident and the presumption of guilt was not great and that, therefore, under the law, the defendant would be entitled to reasonable bail on these charges pursuant to Art. I, § 14, Constitution of the State of Florida. The trial court thereupon fixed bail on these charges in the amount of $350,000.00 and the amount of $1,500.00 on the remaining charges.
This petition for writ of habeas corpus has been filed, contending that the amount of bail is excessive, the record disclosing that the defendant is a refugee from Cuba, having come to this Country some fifteen years ago and resided in New York until approximately seven months ago; that the defendant has had no criminal record for the past fifteen years; that he lives in the Miami area with his wife and child, although he has a brother who resides in Mexico; that he is self-employed in the jewelry business; that he has a number of friends in the community who spoke up for him; that private counsel has been retained by his friends and family, even though the trial judge did find that he was indigent for the purposes of costs.1
The amount of bond to be fixed in a cause such as this is discretionary with the trial court and each case must turn on its particular facts. State v. Schulz, Fla.App.1965, 180 So. 2d 367; Matera v. Buchanan, Fla.App.1966, 192 So. 2d 18; State v. Untreiner, Fla.App.1971, 246 So. 2d 158. However, it has often been held that when a defendant is entitled to bail he is entitled to reasonable bail [Jones v. Cunningham, 126 Fla. 333, 170 So. 663; Mathis v. Starr, Fla.1963, 152 So. 2d 161; State v. Schulz, supra], and that excessive bail, depending on the financial circumstances of the defendant, is tantamount to no bail. Mendenhall v. Sweat, 117 Fla. 659, 158 So. 280; Jones v. Cunningham, supra; State v. Schulz, supra; Matera v. Buchanan, supra. Under the particular facts of the instant case, we find that the amount of $350,000.00 bond is excessive by $300,000.00 and that a reasonable amount of bail should be $50,000.00, in view of the fact that the trial judge had found that the proof was not evident nor the presumption great that the defendant committed the crimes upon which he was indicted.
Therefore, the order under review is hereby reversed, with directions to reduce the amount of bail to $50,000.00 on these charges.
. The trial judge made certain references in her order denying the reduction of bail based upon hearsay testimony. We have not considered these findings, as this was evidence that should not have been received nor considered by the trial court. Rodriguez v. State, Fla.App.1974, 305 So. 2d 305.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Good v. Wille, 382 So. 2d 408 (Fla. 4th DCA 1980)…etitioner is also entitled to reasonable bail which brings into focus the financial condition of the defendant. Depending upon the financial circumstances of the defendant, excessive bail is tantamount to no bail. State ex rel. Bardina v. Sandstrom, 321 So. 2d 630 (Fla. 3d DCA 1975). In addition to the defendant’s financial circumstances, there are numerous criteria to be considered in setting bail and each case is dependent upon its individual facts. Factors to be considered in determining the amount of bai…
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Sikes v. McMILLIAN, 564 So. 2d 1206 (Fla. 1st DCA 1990)…ount of bail is unreasonable under the circumstances, an appellate court will grant relief. See, e.g., Kelsey; Rawls v. State, 540 So. 2d 946 (Fla. 5th DCA 1989); Good v. Wille, 382 So. 2d 408 (Fla. 4th DCA 1980); State ex rel. Bardina v. Sandstrom, 321 So. 2d 630 (Fla. 3d DCA 1975); State ex rel. Crabb v. Carson, 189 So. 2d 376 (Fla. 1st DCA 1966). Section 903.046(2)(h) provides that in determining whether to grant pre-trial release and, if so, the conditions of that release, the trial court shall consider:…
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Rawls v. State, 540 So. 2d 946 (Fla. 5th DCA 1989)…oner’s bail not to exceed $5,000. Petition GRANTED. DAUKSCH and GOSHORN, JJ., concur. . Excessive bail, depending on the financial resources of the defendant, is tantamount to no bail. See Good v. Wille, supra; State ex rel. Bardina v. Sandstrom, 321 So. 2d 630 (Fla. 3d DCA 1975).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State of Fla. ex rel. Jackson Henry Smith v. Royal Untreiner, 246 So. 2d 158 (Fla. 1st DCA 1971)
- Matera v. Buchanan, 192 So. 2d 18 (Fla. 3d DCA 1966)
- Mendenhall v. Sweat, 117 Fla. 659 (Fla. 1934)
- State of Fla. ex rel. Richard E. Gerstein v. Honorable George E. Schulz, 180 So. 2d 367 (Fla. 3d DCA 1965)
- Ex parte Jones v. Cunningham, 126 Fla. 333 (Fla. 1936)
- Mathis v. Starr, 152 So. 2d 161 (Fla. 1963)
- Rodriguez v. State of Fla. & Don Genung, 305 So. 2d 305 (Fla. 2d DCA 1974)