STATE OF FLORIDA, PETITIONER,
v.
GENOVEVO ROLANDO RAMOS A/K/A GENO RAMOS, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that a defendant convicted of felony drug offenses is not eligible for bail pending appeal if other felony charges are pending against them and probable cause has been found for those charges.
[1] A defendant is not eligible for bail pending appeal if other felony charges are pending against them and probable cause has been found that they have committed the pendin…
[2] Certiorari is an appropriate remedy to review an order admitting a defendant to bail when the order constitutes a departure from the essential requirements of law and nor…
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligenceRespondent Ramos, convicted of felony drug offenses, was admitted to bail pending appeal by the trial court, despite pending charges for attempted fir…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Bail Pending Appeal cases and more on FLexlaw
PER CURIAM.
The State petitions for certiorari and other extraordinary relief from an order of the trial court admitting respondent Ramos to bail upon appeal to this court from the judgment of conviction for felony drug offenses, entered on a negotiated plea of nolo contendere, reserving the right to appeal the denial of a motion to suppress. Apparently, a condition of the negotiated plea, approved by the court, was that Ramos would be admitted to bail on appeal upon a $300,000 bond. The court honored that apparent agreement, though the State contested its exact terms and urged denial of bail because the County Court of Dade County has determined there is probable cause to believe respondent Ramos is guilty of attempted first degree murder as charged in an information pending in the Circuit Court of the Eleventh Judicial Circuit. In these circumstances, respondent is not eligible for bail. Fla.R.Crim.P. 3.691(a) provides in part:
. in no case shall bail be granted if other felony charges are pending against [the defendant] and probable cause has been found that the person has committed the felony or felonies at the time the request for bail is made.
Ramos has prosecuted his appeal to this court in Case TT-66, filed December 15, 1979. The order admitting Ramos to bail, in these circumstances, is a departure from the essential requirements of law for which certiorari is an appropriate remedy when, as here, the normal appeal processes, Fla.R. App.P. 9.140(c)(1)(H), may not provide timely relief. See State v. Harris, 136 So. 2d 633 (Fla.1962); State v. Williams, 227 So. 2d 253 (Fla. 2d DCA 1969), cert. den., 237 So. 2d 180 (Fla.1970). If Ramos considers the plea agreement vitiated by this decision, on appropriate motion in case TT-66 jurisdiction will be relinquished for consideration by the trial court of a motion to set aside the judgment and the plea. The petition for certiorari is GRANTED and the order admitting respondent Ramos to bail is QUASHED.
ROBERT P. SMITH, Jr., ERVIN and BOOTH, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Steinbrecher, 409 So. 2d 510 (Fla. 3d DCA 1982)…of Appellate Procedure does limit matters which may be appealed by the state before trial as of right. However, this limitation as to appeals is not a bar to this court’s power of discretionary review. Art. V, § 4(b)(3) Fla. Const.; State v. Ramos, 378 So. 2d 894 (Fla. 1st DCA 1979); State v. Williams, 227 So. 2d 253 (Fla. 2d DCA 1969). See also Pressley v. Wainwright, 367 So. 2d 222 (Fla.1979), England, C. J. dissenting; State v. Harris, 136 So. 2d 633 (Fla.1962) (petition to supreme court). Fla.R.App. 9.14…
-
State v. The Honorable Roy T. Gelber, 573 So. 2d 92 (Fla. 3d DCA 1991)…erest.2 Accordingly, we reverse and remand for the revocation of the bond and to allow the defendant to withdraw his plea and proceed to trial. NESBITT and GERSTEN, JJ., concur. JORGENSON, J., concurs in result only. . See, e.g., State v. Ramos, 378 So. 2d 894 (Fla. 1st DCA 1979) (where bail pending review was granted after a nolo contendere plea for felony drug offenses, pursuant to a negotiated plea with the State). . It is not uncommon for the State to seek a post conviction bond after a drug convicti…
Authorities Cited
- State v. Harris, 136 So. 2d 633 (Fla. 1962)
- Judson Luther Hobby v. Waddell, 227 So. 2d 253 (Fla. 4th DCA 1969)
- United Invs. Corp. v. Horowitz, 237 So. 2d 180 (Fla. 1970)
- Colon Barlow v. McDONALD, 237 So. 2d 180 (Fla. 1970)