RICHARD ALFRED VETRI, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 1990-03-30
No. 90-386
DAUKSCH, PETERSON and GRIFFIN, JJ., concur.
558 So. 2d 1097 Florida District Court of Appeal, Fifth District (1990) Positive Treatment
Cited by 1 case

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Holding

The court held that the $50,000 bail set by the trial court was unreasonable given the circumstances and granted the petition for a writ of habeas corpus.


Facts & Procedural History

Richard Alfred Vetri, charged with sexual battery upon a child and lewd and lascivious assault, sought a writ of habeas corpus for pretrial bond reduc…

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Opinion of the Court
PER CURIAM

PER CURIAM

Petitioner, Richard Alfred Vetri, seeks a writ of habeas corpus for pretrial bond reduction. The petition for writ of habeas corpus is granted.

The record does not support the state’s contention that $50,000 is reasonable bail under the circumstances of this case. Defendant has lived and been employed in the local community for several years, has no prior record and has been adjudicated indigent. It appears that the source of bail monies would be a sister living in New Jersey. Although charged with sexual battery upon a child under 12 years of age, a capital felony, the state relied entirely at the bond hearing on defendant’s admission of a single act of touching. No other evidence, or even argument, concerning the circumstances of the alleged crime is contained in the record.

Once the trial court determines that bail is appropriate, the bail set must be reasonable, taking into account the factors contained in section 903.046, Florida Statutes. See Driggers v. Carson, 486 So. 2d 25 (Fla. 1st DCA 1986). On this record, there is no basis to conclude that $50,000 is reasonable. Bail in the amount of $7,500 on the sexual battery charge is agreed to be reasonable by defendant. Bail in the amount of $1,000 on the charge of lewd and lascivious assault appears reasonable in the absence of any better record. It must be a condition of bail that petitioner have no contact whatsoever with the alleged victim or her siblings.

WRIT GRANTED.

DAUKSCH, PETERSON and GRIFFIN, JJ., concur.


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Citator

Cited By

  • Mesidor v. Neumann, 721 So. 2d 810 (Fla. 4th DCA 1998)
    …inal record. Taking into consideration that he was adjudicated indigent and had no property other than an automobile, we find that bond set at $200,000 was tantamount to no bond. See Good v. Wille, 382 So. 2d 408 (Fla. 4th DCA 1980); Vetri v. State, 558 So. 2d 1097 (Fla. 5th DCA 1990); Cameron v. McCampbell, 704 So. 2d 721 (Fla. 4th DCA 1998); Patterson v. Neuman, 707 So. 2d 946 (Fla. 4th DCA 1998). Cf. Flores v. Cocalis, 453 So. 2d 1198 (Fla. 4th DCA 1984). Accordingly, we grant the petition and direct the…

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