STATE OF FLORIDA, APPELLANT,
v.
CALVIN JACKSON, APPELLEE
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The Florida appellate court addressed whether a trial court had authority to release a defendant on probation pending the state's appeal of a sentence modification order. The court held that while a trial court's authority to grant bail to a defendant released pursuant to Rule 3.850 is discretionary, the trial court may exercise that discretion and remanded for the trial court to determine whether bail should be granted.
A trial court has discretionary authority to grant bail to a defendant released pursuant to Rule 3.850 pending the state's appeal. The applicable habeas corpus provisions allowing conditional release on bail may extend to defendants released under Rule 3.850, and the trial court should determine whether bail is appropriate in the circumstances of each case.
[1] A trial court has the authority to grant bail to a defendant pending the state's appeal of an order modifying a sentence, even if the defendant was not ordered discharged…
[2] Proceedings under Florida Rule of Criminal Procedure 3.850 are analogous to habeas corpus proceedings for purposes of appeal, allowing for bail pending appellate review.
Previewing 2 of 5 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“In our view State v. Pitts held that once an order is entered setting aside a judgment pursuant to Florida Rules of Criminal Procedure 3.850, the defendant is to remain in custody pending the disposition of the state's appeal and the charges still pending against him, subject to the authority of the trial court to release the defendant on bail.”
Establishes the court's interpretation of the controlling precedent and the trial court's discretionary authority to release defendants pending appeal.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceCalvin Jackson was convicted and sentenced to life in 1975 for sexual battery. On January 9, 1981, the trial court modified Jackson's life sentence to…
The full statement of facts, procedural history, and disposition for this case are member content.
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PER CURIAM.
This matter is before the court upon the state’s motion to stay the release of the appellee. The appellee was convicted and sentenced in 1975 for sexual battery. The trial court, on January 9,1981, upon consideration of appellee’s amended motion to mitigate or vacate sentence, modified appel-lee’s life sentence to time served plus three years of probation.
The state contends that under the holding in State v. Pitts, 227 So. 2d 880 (Fla. 1st DCA 1969) the trial court has no authority to authorize appellee’s release pending the state’s appeal of the order modifying appel-lee’s sentence. We cannot agree. In our view State v. Pitts held that once an order is entered setting aside a judgment pursuant to Florida Rules of Criminal Procedure 3.850, the defendant is to remain in custody pending the disposition of the state’s appeal and the charges still pending against him, subject to the authority of the trial court to release the defendant on bail.
The appellee sought to have his conviction and sentence vacated pursuant to the provisions of Rule 3.850 alleging in essence that he was illegally arrested and thereafter denied a fair trial. The trial court left appellee’s judgment of conviction intact but modified the sentence as noted, supra.
Under the provisions of Rule 3.850, an appeal from an order entered may be taken “as from a final judgment on application for writ of habeas corpus.” Florida Rules of Criminal Procedure 3.820(b) relating to habeas corpus and custody pending appeal therefrom provides:
(b) Pending a review of a decision discharging a prisoner on habeas corpus, he shall be discharged upon bail, with sureties to be approved as other bail bonds are approved for his appearance to answer and abide by the judgment of the appellate court.
We believe this provision may also apply to a defendant ordered released pursuant to the provisions of Rule 3.850, pending the state’s appeal from the order of release. Also see Donaldson v. Cochran, 117 So. 2d 738 (Fla.1960). The proceedings herein do not precisely fit the rule since the appellee was not ordered discharged but rather released on probation. Under these circumstances we feel the trial court’s authority to grant bail is discretionary.
Accordingly, jurisdiction of this cause is hereby remanded to the trial court for a period of 30 days for further proceedings in accordance with the terms of this opinion to determine whether the appellee should be entitled to bail pending disposition of the state’s appeal.
LETTS, C. J, and DOWNEY and AN-STEAD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Donaldson v. Cochran, 117 So. 2d 738 (Fla. 1960)
- State v. Pitts, 227 So. 2d 880 (Fla. 1st DCA 1969)