ANTHONY COUSINO, PETITIONER,
v.
KEN JENNE, AS SHERIFF OF BROWARD COUNTY, FLORIDA, RESPONDENT
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Cousino sought habeas corpus relief after a trial judge revoked his bond without notice or motion from either party. The court granted the petition, holding that a trial judge cannot revoke bond on its own motion and must follow statutory procedures requiring state motion, good cause, and notice.
A trial judge cannot revoke bond on its own motion; bond modification requires a motion by the state showing good cause with at least three hours' notice to defense counsel. Before denying bail for a life-felony offense, the state must carry the burden of proving guilt is evident or presumption is great. The judge must follow statutory procedures before modifying bond.
[1] A trial court may not increase a defendant's bond on its own motion.
[2] Modification of a defendant's bond requires a motion by the state showing good cause and at least three hours' notice to the defendant's attorney.
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“Florida Rule of Criminal Procedure 3.131(d)(2) provides that bond may be modified on motion by the state showing good cause and with at least three hours' notice to the attorney for the defendant.”
Establishes the mandatory procedural requirements for bond modification that the trial judge violated.
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Join FLexlaw to unlock all legal intelligenceCousino was arrested May 15, 1998 for burglary with battery, a first-degree felony. A magistrate set bond at $3,000 on May 17, and Cousino posted it. …
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PER CURIAM.
Petitioner Anthony Cousino sought habeas corpus relief from his detention following the revocation of his bond in a prosecution for burglary of a dwelling with a battery. We previously granted the petition by order, stating that an opinion would follow.
Petitioner was arrested on May 15, 1998 for burglary with a battery and criminal mischief. The jail assigned a “no bond hold” because the burglary was a first degree felony punishable by life in prison. On May 17, 1998, petitioner had his first appearance hearing, at which the committing magistrate removed the “no bond hold” and set bond at $3,000. Petitioner posted bond and was released from custody the next day.
The state filed an information charging petitioner with one count of burglary with a battery. Petitioner was arraigned July 13, 1998, at which time the trial judge revoked bond altogether, without prior notice to petitioner or a motion by either side to modify bond. The judge told petitioner:
THE COURT: I got some bad news for you, Mr. Cousino. I’m revoking your bond from Judge Pollack and setting it as a standard bond which is no bond. You are entitled to a bond hearing which is an Arthur Hearing. At which time, the State will have to come forward to present proof evidence (sic) presumption great. Absence of that hearing, you’re not entitled to that $3,000 bond. And I’m revoking it at this point. I’m taking you into custody.
The trial judge thereupon entered an order revoking petitioner’s bond and remanding him into custody on July 13, 1998. That led to this petition for "writ of habeas corpus.
The trial court impermissibly increased bond on its own motion, which it is without authority to do. Flemming v. Cochran, 694 So. 2d 131 (Fla. 4th DCA 1997); Merdian v. Cochran, 654 So. 2d 573 (Fla. 4th DCA 1995); Keane v. Cochran, 614 So. 2d 1186 (Fla. 4th DCA 1993).
Florida Rule of Criminal Procedure 3.131(d)(2) provides that bond may be modified on motion by the state showing good cause and with at least three hours’ notice to the attorney for the defendant.
It is true that petitioner was not automatically entitled to release on bond given the nature of his offense. However, the Supreme Court of Florida held in State v. Arthur, 390 So. 2d 717 (Fla.1980) that a trial court has discretion to grant or deny bail for a person accused of an offense punishable by life, or a capital offense, when the proof of guilt is evident or the presumption great. That court also ruled that before a trial court can deny bail, the state must have carried the burden of establishing that the proof of guilt was evident or the presumption great. The state did not carry that burden in this case. It did not even request pretrial detention or modification of the bond which was imposed.
It was for these reasons that we previously granted the petition for writ of habeas corpus, quashed the July 13, 1998 order revoking bond, and ordered the original bond of $3,000 reinstated, without prejudice to the state’s right to seek revocation of bond on appropriate grounds in the trial court, if there are any.
GRANTED AND QUASHED.
SHAHOOD, GROSS and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Montgomery v. Jenne, 744 So. 2d 1148 (Fla. 4th DCA 1999)…phs, in setting Petitioner’s initial bond. We grant her petition for writ of habeas corpus and quash that portion of the order increasing her bond. A trial court does not have the authority to increase bond on its own motion. See Cousino v. Jenne, 717 So. 2d 599, 600 (Fla. 4th DCA 1998); Bowers v. Jenne, 710 So. 2d 681, 682 (Fla. 4th DCA 1998); Flemming v. Cochran, 694 So. 2d 131 (Fla. 4th DCA 1997). Athough the issue of Petitioner’s bond had been raised by her motion to reduce it, Petitioner was given no n…
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Welch v. Jenne, 770 So. 2d 731 (Fla. 4th DCA 2000)…uash the order revoking bond, and reinstate the original bond, without prejudice to the state’s right to seek a revocation or bond increase in a properly noticed motion. See Montgomery v. Jenne, 744 So. 2d 1148 (Fla. 4th DCA 1999); Cousino v. Jenne, 717 So. 2d 599 (Fla. 4th DCA 1998). FARMER, SHAHOOD and GROSS, JJ., concur.…
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Hakam Sueliman v. Jenne, 935 So. 2d 120 (Fla. 4th DCA 2006)…The petition for writ of habeas corpus is granted. The trial court abused its discretion when it sua sponte increased petitioner’s bond in this case to more than $1 million. Montgomery v. Jenne, 744 So. 2d 1148 (Fla. 4th DCA 1999); Cousino v. Jenne, 717 So. 2d 599, 600 (Fla. 4th DCA 1998); Bowers v. Jenne, 710 So. 2d 681, 682 (Fla. 4th DCA 1998); Flemming v. Cochran, 694 So. 2d 131 (Fla. 4th DCA 1997). Petitioner was not given notice that his bond on three charges, to wit: solicitation to commit armed robbery…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- State v. Arthur, 390 So. 2d 717 (Fla. 1980)
- Merdian v. Cochran, 654 So. 2d 573 (Fla. 4th DCA 1995)
- Keane v. Cochran, 614 So. 2d 1186 (Fla. 4th DCA 1993)
- State v. Girard, 694 So. 2d 131 (Fla. 5th DCA 1997)
- Thetus Flemming v. Cochran, 694 So. 2d 131 (Fla. 4th DCA 1997)