ALEXANDER SLATER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
The appellant was convicted of second degree murder while in the possession of a firearm and for possession of a firearm, as well as another charge, which is immaterial to this opinion. He urges error in the exercise of peremptory challenges by the state, and in the possession conviction, as his second degree conviction was enhanced to a life felony because of the possession of a firearm.
We disagree as to the first. Adams v. State, 559 So. 2d 1293 (Fla. 3d DCA 1990); Foster v. State, 557 So. 2d 634, 635 (Fla. 3d DCA 1990). We agree as to the second. Beaubrum v. State, 595 So. 2d 254 (Fla. 3d DCA 1992), quashed in part, 616 So. 2d 9 (Fla.1993); Grantham v. State, 545 So. 2d 945 (Fla. 1st DCA 1989), rev. denied, 553 So. 2d 1166 (Fla.1989). Therefore the conviction and sentence under review is affirmed as to the second degree murder enhanced to a life felony, but reversed as to the possession, with directions to the trial court to strike said conviction and sentence from the appellant’s record.
Reversed and remanded with directions.
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Creech v. Ryan, 972 So. 2d 1021 (Fla. 3d DCA 2008)…e bond pursuant to Florida Rule of Criminal Procedure 3.131(d). Keane v. Cochran, 614 So. 2d 1186, 1187 (Fla. 4th DCA 1993). The State must prove “a change in circumstances or additional evidence” since the bond was originally set. Burton v. Felton, 625 So. 2d 1334, 1335 (Fla. 3d DCA 1993). The State bears the burden of affirmatively proving the changed circumstances. Sikes v. McMillian, 564 So. 2d 1206, 1208 (Fla. 1st DCA 1990). If the State does not prove that the information was not before the original judg…
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Saravia v. FOR Miami-Dade Cnty., 129 So. 3d 1163 (Fla. 3d DCA 2014)…on and therefore does not justify the subsequent revocation of bond and imposition of pretrial detention. Soto, 89 So. 3d at 263, 264; Bush, 74 So. 3d at 133, 134. See also, Creech v. Ryan, 972 So. 2d 1021, 1022 (Fla. 3d DCA 2008); Burton v. Felton, 625 So. 2d 1334, 1335 (Fla. 3d DCA 1993). We therefore grant the petition for writ of habeas corpus, quash the October 25, 2012 orders revoking Saravia’s bonds and imposing pretrial detention, and order reinstatement of the original, August 29, 2013, bonds and con…
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Soto v. State, 89 So. 3d 263 (Fla. 3d DCA 2012)…), once it grants bail, it cannot revoke the decision if circumstances have not changed or additional evidence emerged since the bond was originally set. See Creech v. Ryan, 972 So. 2d 1021, 1022 [*264] (Fla. 3d DCA 2008); see also Burton v. Felton, 625 So. 2d 1334, 1335 (Fla. 3d DCA 1993). In this case, the State did not meet its burden, as the record does not contain proof that change in circumstances or additional evidence existed at the time of the trial court’s revocation. Accordingly, the petition must…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Adams v. State, 559 So. 2d 1293 (Fla. 3d DCA 1990)
- Foster v. State, 557 So. 2d 634 (Fla. 3d DCA 1990)
- Beaubrum v. State, 595 So. 2d 254 (Fla. 3d DCA 1992)
- Rudd SOD Co. & Executive Risk Consultants, Inc. v. Reeves, 595 So. 2d 254 (Fla. 1st DCA 1992)
- Grantham v. State, 545 So. 2d 945 (Fla. 1st DCA 1989)
- Isaiah Perkins v. State, 616 So. 2d 9 (Fla. 1993)
- Beaubrum v. State, 616 So. 2d 9 (Fla. 1993)