EDWARD C. SIMONS, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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In this pro se habeas corpus petition, a defendant charged with cocaine possession challenged a $15,000 bond set by the trial court as violating his constitutional right to pretrial release. The appellate court denied the petition because the defendant failed to provide the trial court's order, hearing transcript, or evidence presented at the bond reduction hearing, leaving the court unable to assess whether the trial court abused its discretion.
The petition for habeas corpus is denied as facially insufficient because the petitioner failed to provide the appellate court with the trial court's order, the hearing transcript, or evidence presented at the bond reduction hearing, preventing the court from determining whether the trial court abused its discretion in setting the bond amount.
[1] A pro se petitioner seeking a writ of habeas corpus must provide sufficient documentation, such as lower tribunal orders and hearing transcripts, to demonstrate an abuse…
[2] A petitioner seeking pretrial release must demonstrate that the trial court's decision to set bond was an abuse of discretion, overcoming the presumption of correctness o…
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 intelligence“conditions of release should be selected: which will reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process”
Establishes the legal standard governing bail conditions under Florida Rules of Criminal Procedure Rule 3.131(b)
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Join FLexlaw to unlock all legal intelligenceEdward C. Simons was charged with possession of cocaine and possession of paraphernalia. His bond was set at $15,000, and the circuit court refused to…
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PER CURIAM.
This is a pro se petition for writ of habe-as corpus wherein petitioner states he is charged with possession of cocaine and possession of paraphernalia. His bond was set in the amount of $15,000 and the circuit court refused to reduce it at a subsequent hearing on that issue. Petitioner contends that he has family ties to the Jacksonville community, that he was employed until the time of his arrest, that he has no financial resources, that he has appeared at all scheduled court proceedings and he is not on release with respect to any other criminal proceeding nor is he on probation or parole. He argues he cannot afford to post the bond and therefore he is deprived of his right to pretrial release as guaranteed by the Florida Constitution.
We deny the petition for writ of habeas corpus as facially insufficient. Petitioner has failed to provide this court with a copy of any order of the lower tribunal or the transcript of a hearing on bond reduction; in fact, he has not even attempted to recite the evidence that was presented at that hearing. Rule 3.131(b), Florida Rules of Criminal Procedure, provides that conditions of release should be selected:
which will reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process.
Since this court has not been informed as to the reasons for the trial court’s action in setting a $15,000 bond, petitioner has failed to demonstrate an abuse of discretion or overcome the presumption of correctness of the trial court’s order. Flicker v. Duff, 290 So. 2d 129 (Fla. 1st DCA 1974); State ex rel. Smith v. Untreiner, 246 So. 2d 158 (Fla. 1st DCA), cert. denied, 250 So. 2d 643 (Fla.1971).1
PETITION DENIED.
JOANOS, THOMPSON and ZEHMER, JJ., concur. . There is authority for concurrent jurisdiction in the circuit court on habeas petitions concerning pretrial release, see State ex rel. Scaldeferri v. Sandstrom, 285 So. 2d 409 (Fla.1973). That case, however, held that the circuit court is a more appropriate forum where there is no record for an appellate court to review. Here, it appears on the face of the petition that the circuit court has held a hearing on bond reduction and therefore an evidentiary proceeding has already been held in that court. Accordingly, no transfer to the circuit court would appear appropriate.
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Cited By
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Odom v. State, 561 So. 2d 443 (Fla. 5th DCA 1990)…about possible future conduct of a defendant is not a valid reason for departure. Also, a long line of cases have held that protection of society is an invalid reason for departure from a recommended guidelines sentence. See e.g. Ridgeway v. State, 555 So. 2d 960 (Fla. 1st DCA 1990); Dowling v. State, 495 So. 2d 874 (Fla. 5th DCA 1986). Therefore, both reasons stated by the court in its second finding are invalid reasons for départure. Since each reason cited by the court is invalid, we vacate appellant’s s…
Authorities Cited
- State of Fla. ex rel. William Scaldeferri v. Sandstrom, 285 So. 2d 409 (Fla. 1973)
- State of Fla. ex rel. Jackson Henry Smith v. Royal Untreiner, 246 So. 2d 158 (Fla. 1st DCA 1971)
- State of Fla. ex rel. Jackson Henry Smith v. Royal Untreiner, 250 So. 2d 643 (Fla. 1971)
- City OF N. Miami v. Carter, 250 So. 2d 643 (Fla. 1971)
- Flicker v. The Honorable Edwin Duff, II, 290 So. 2d 129 (Fla. 1st DCA 1974)