STATE OF FLORIDA, PETITIONER,
v.
STEPHEN R. PALMER, RESPONDENT
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The statute prohibiting bail pending appeal for certain drug convictions is constitutional, and the trial court erred in finding it unconstitutional as applied.
The respondent pled nolo contendere to drug trafficking, reserving the right to appeal the denial of his motion to suppress. The trial court granted b…
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SCHWARTZ, Chief Judge.
The respondent Palmer pled nolo conten-dere to a charge of drug trafficking, reserving the right to appeal from his conviction on the ground that his motion to suppress had been erroneously denied. The trial court admitted him to bond pending appeal, holding that Sec. 903.133, Fla.Stat. (1983),1 which precludes such relief in a trafficking case, was unconstitutional as applied to Palmer, on the ground that he was a good bail risk and was raising a substantial point on appeal.
The order is quashed on the authority of Echeverria v. State, 411 So. 2d 357 (Fla.3d DCA 1982), adopting Hart v. State, 405 So. 2d 1048 (Fla. 4th DCA 1981), cert. denied, 415 So. 2d 1359 (Fla.1982). Echever-ría and Hart establish the validity of the statute’s absolute prohibition of an appeal bond in these cases. It follows that the particular surrounding circumstances, which might otherwise invoke the court’s discretion to grant a bond, are totally immaterial. In sum, particularly since there is no constitutional right to bond pending appeal in the first place, Greene v. State, 238 So. 2d 296 (Fla.1970); Roberson v. State of Connecticut, 501 F. 2d 305 (2d Cir.1974), a statute which constitutionally denies bond in every such instance simply and logically cannot be unconstitutional “as applied” to an individual one.
Certiorari granted.2
. 903.133. Bail on appeal; prohibited for certain drug convictions.—
Notwithstanding the provisions of s. 903.132, no person adjudged guilty of a first-degree felony for a violation of s. 893.13 or s. 893.135 shall be admitted to bail pending appellate review.
. The time for filing a motion for rehearing is reduced to three days from the date hereof.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Palmer v. State, 467 So. 2d 1063 (Fla. 3d DCA 1985)
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State v. Hanscom, 460 So. 2d 924 (Fla. 2d DCA 1984)…2.04(2) or (3), s. 787.01, s. 794.011(4), s. 806.01, s. 893.13, or s. 893.135 shall be admitted to bail pending review either by posttrial motion or appeal.” As respondent concedes, the statute has been upheld as constitutional. See State v. Palmer, 450 So. 2d 931 (Fla. 3d DCA 1984); Echeverría v. State, 411 So. 2d 357 (Fla. 3d DCA 1982); Hart v. State, 405 So. 2d 1048 (Fla. 4th DCA 1981), petition for review denied, 415 So. 2d 1359 (Fla. 1982). It appears clear to us that the legislature intended to prohibi…
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State v. The Honorable Roy T. Gelber, 573 So. 2d 92 (Fla. 3d DCA 1991)…The statutory provision is mandatory. Where “shall” refers to the imposition of a legislatively-intended penalty, it is held to be mandatory. Allied Fidelity Insurance Company v. State, 415 So. 2d 109 (Fla. 3d DCA 1982). Further, in State v. Palmer, 450 So. 2d 931 (Fla. 3d DCA), review denied, 459 So. 2d 1041 (Fla.1984), this court found the statute’s absolute prohibition against bond to be valid. Because the statutory provision is mandatory, neither the State nor the defendant can waive it by agreement. See…
Authorities Cited
- Greene v. State, 238 So. 2d 296 (Fla. 1970)
- Jasper Roberson v. State OF Conn., 501 F.2d 305 (2d Cir. 1974)
- Hart v. State, 405 So. 2d 1048 (Fla. 4th DCA 1981)
- Echeverria v. State, 411 So. 2d 357 (Fla. 3d DCA 1982)