STATE OF FLORIDA, APPELLANT,
v.
RICHARD M. FISHER, APPELLEE
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The State of Florida appealed an order setting aside a bond forfeiture (estreature) in a sexual battery case. The trial judge mistakenly relied on an inapplicable interpretation of Florida law, believing that statutory amendments had superseded prior precedent regarding when a bail bond becomes satisfied and may be forfeited for the defendant's failure to appear.
The court held that prior precedent from American Druggists' Insurance Company v. State and Accredited Surety and Casualty Company, Inc. v. State remained applicable interpretations of section 903.31 despite the 1980 and 1986 statutory amendments. Since no adjudication of guilt and no sentence had been imposed, the bond had not been satisfied or cancelled and was properly subject to forfeiture when the defendant failed to appear for sentencing.
[1] A bond estreature for failure to appear at a sentencing hearing is permissible when adjudication of guilt has been withheld and sentencing has been deferred.
[2] A defendant's failure to appear for a deferred sentencing hearing constitutes a breach of the appearance bond, rendering it subject to estreature.
Previewing 2 of 3 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“We disagree and find that both American Druggists' and Accredited Surety are both still applicable interpretations of section 903.31, Florida Statutes (1987).”
The court rejects the trial judge's reasoning that statutory amendments had superseded binding precedent regarding bond forfeiture.
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Join FLexlaw to unlock all legal intelligenceAccredited Surety and Casualty Company bonded defendant Richard Fisher for his appearance on charges of two counts of capital sexual battery. Fisher p…
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PER CURIAM.
The state appeals an order setting aside a bond estreature. We reverse.
The trial judge was persuaded that this court’s decision in American Druggists’ Insurance Company v. State, 410 So. 2d 627 (Fla.2d DCA 1982), and the first district’s decision in Accredited Surety and Casualty Company, Inc. v. State, 318 So. 2d 554 (Fla. 1st DCA 1975), had been rendered inapplicable by amendments in 1980 and 1986 to section 903.31, Florida Statutes. We disagree and find that both American Druggists’ and Accredited Surety are both still applicable interpretations of section 903.31, Florida Statutes (1987).
In this ease, Accredited Surety and Casualty Company bonded the defendant, Richard Fisher, for his appearance on charges of two counts of capital sexual battery. Fisher subsequently pled guilty to amended counts of attempted sexual battery. Adjudication was withheld until sentencing, which was continued until a later date, and Fisher was continued on the bond. No presentence investigation was requested as there was an agreed-upon plea-bargained sentence. Fisher failed to appear for sentencing and his bond was ordered estreat-ed. Subsequently, upon motion for rehearing, the bond estreature was set aside by the trial judge who determined that section 903.31 precluded any liability on Fisher’s original appearance bond because it could not be construed to guarantee “deferred sentences.” In this case, Fisher had not received a “deferred sentence” but had had his sentencing deferred until a later sentencing hearing. Since there had been no adjudication of guilt and no sentence imposed, the bond had not been satisfied or cancelled and was subject to estreature for Fisher’s failure to appear for sentencing.
Reversed and remanded for treatment consistent with this opinion.
CAMPBELL, A.C.J., and PARKER and ALTENBERND, JJ., concur.
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Citator
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Polakoff Bail Bonds v. Orange Cnty., 634 So. 2d 1083 (Fla. 1994)…, the trial court’s entry of a finding of guilt with adjudication withheld pending a presentence investigation satisfied the conditions of the bonds. 617 So. 2d at 379. Citing Battles v. State, 595 So. 2d 183 (Fla. 1st DCA 1992) and State v. Fisher, 578 So. 2d 746 (Fla. 2d DCA 1991), the court below held that “because there had been no adjudication of guilt, no imposition of sentence, and no final judgment or order entered concerning the disposition of Joseph’s criminal charges, the bonds had not been satisfi…1 / 2
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Battles v. State, 595 So. 2d 183 (Fla. 1st DCA 1992)…f judgment is still required as a predicate to satisfaction of the bail bond. Indeed, the Second District has expressly held that Accredited Surety and American Druggists’ retain their vitality under the current version of § 903.31. State v. Fisher, 578 So. 2d 746 (Fla. 2d DCA 1991). Entry of a nolo contendere plea is not tantamount to a judgment so as to satisfy the condition of an appearance bond. Appellant urges us to construe Chapter 86-151, Laws of Florida, by reference to legislative intent. In support…
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AAA Bail Bonds, Inc. v. State of Fla. & Peter Arthur Barrett, 611 So. 2d 612 (Fla. 4th DCA 1993)…y held that Accredited Surety [& Casualty Co. v. State, 318 So. 2d 554 (Fla. 1st DCA 1975)] and American Druggists’ [Ins. Co. v. State, 410 So. 2d 627 (Fla. 2d DCA 1982) ] retain their vitality under the current version of § 903.31. State v. Fisher, 578 So. 2d 746 (Fla. 2d DCA 1991). Entry of a nolo contendere plea is not tantamount to a judgment so as to satisfy the condition of an appearance bond. 595 So. 2d at 184-85 (emphasis added). In the present case, rather than a plea of nolo contendere there was a…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Accredited Sur. & Cas. Co., Inc. v. State, 318 So. 2d 554 (Fla. 1st DCA 1975)
- The Am. Druggists' Ins. Co. v. State of Fla. & Rose Bubucha, 410 So. 2d 627 (Fla. 2d DCA 1982)