DOUGLAS CRAIG COOLLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1998-10-23
No. 98-01013
THREADGILL, A.C.J., and BLUE and FULMER, JJ., concur.
720 So. 2d 598 Florida District Court of Appeal, Second District (1998) Positive Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The appellate court held that the trial court's orders denying bond pending appeal failed to provide a sufficient factual basis and reasoning as required by the rules of appellate procedure.


Headnotes

[1] A trial court's order denying bond pending appeal must set forth the factual basis and reasons for the decision.

[2] A jury verdict of guilt does not create a presumption of guilt for the purpose of denying appeal bond.

Previewing 2 of 5 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

Facts & Procedural History

The defendant applied for bond pending appeal after conviction. The trial court denied the motion multiple times without providing adequate factual su…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
PER CURIAM.

PER CURIAM.

Douglas Craig Coolley applies to this court pursuant to Florida Rule of Appellate Procedure 9.140(g)(4) to review the trial court’s order denying him bond pending the appeal of his criminal conviction and sentence. Initially we denied the motion without prejudice to renew it upon the rendition of an order denying the motion in the trial court. Cool-ley reapplied to this court for relief after the trial court entered a simple order summarily denying the relief sought. We directed the trial court to enter a supplemental order that complied with Florida Rule of Appellate Procedure 9.140(g)(3) by setting forth the factual basis upon which the decision was made and the reasons therefor. The trial court responded with an order that stated the following:

1) Following a finding of guilt by the jury there “remains a high presumption of guilt.”

2) As a firearm was used in the offense, the defendant poses a risk to the community-

3) Cooney’s conviction involves a mandatory prison term.

4) The trial court feared that Coolley would not appear for any future court dates if released on bail.

We concluded that the supplemental order failed to comply with the requirements of rule 9.140(g)(3) for the following reasons. We disagree that there is but a presumption of guilt after a jury returns a guilty verdict. There is a presumption of correctness that follows the verdict and resulting judgment when they come to this court for review; however, this presumption applies in every criminal case and is not, therefore, an appropriate factor upon which to base the denial of a bond in a specific case.

We do not consider the use of a firearm, in and of itself, conclusive evidence that a defendant poses a risk to the community. Without belaboring the facts of this case— which disclose that Coolley’s use of the firearm occurred in his own home against a stranger to the premises — we believe that if the legislature saw fit to deny an appeal bond to any offender who uses a firearm as it has, for example, to drug traffickers,1 appropriate legislation would have been enacted to that effect. No other facts were recited to support the conclusion that Coolley poses a risk to the community and we found none in the record. With respect to the recital that Coolley faces a minimum mandatory sentence, we reiterate our observations outlined above regarding legislative choices. Finally, no factual basis is recited by the trial court to support the conclusion that Coolley would not appear for any future court dates if released and, again, we are unable to find any in the record before us.

Having determined that the supplemental order was deficient, but being mindful of the fact that the setting of an appeal bond is a matter largely within the trial court’s discretion, we afforded the trial court an additional opportunity to comply with the rule, and directed it to submit a second supplemental order with facts supporting the conclusion that Coolley constituted a flight risk, a factor that in and of itself would support the denial if supported by sufficient facts. In response we received an order which adopted the recitals in the prior order and added, as a factual basis to support the conclusion that Coolley was a flight risk, that the “mandatory sentence makes this Defendant a flight risk.” Again, we are faced with the failure of the trial court to recite facts, as opposed to conclusions. There is no evidence in the record before us that Coolley was likely to flee because he faced a minimum mandatory sentence, and the legislature has made no provision for automatically denying appeal bonds to all those defendants who face mandatory terms of imprisonment.

None of the three orders entered by the trial court address the factors enumerated in Younghans v. State, 90 So. 2d 308 (Fla.1956), which is specifically mentioned in Florida Rule of Criminal Procedure 3.691(a). None of the orders contain a factual basis supporting the conclusions set forth therein, as contemplated by rules 3.691(b) and 9.140(g)(3). Therefore, meaningful review of the denial of Coolley’s motion was not possible.

Because the trial court’s denial of Coolley’s application for appeal bond failed to comply with the requirements of rules 3.691(b) and 9.140(g)(3), by unpublished order we granted Coolley’s motion and directed the trial court to set a reasonable bond.

THREADGILL, A.C.J., and BLUE and FULMER, JJ., concur. . See § 903.133, Fla. Stat. (1997).


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • McGLADE v. State, 941 So. 2d 1185 (Fla. 2d DCA 2006)
    …Younghans, 90 So. 2d at 310. And even those differences do not invest a judge with unfettered power to deny posttrial release. Rather, he remains duty-bound to consider and grant or deny the application in his sound discretion. See Coolley v. State, 720 So. 2d 598 (Fla. 2d DCA 1998). “The exercise of a sound judicial discretion in this respect means that ‘the adjudication is to be governed by a given standard of judicial action,’ and such discretion implies ‘judgment directed by circumspection,’ to be exercis…
    1 / 2
  • Dumas v. State, 889 So. 2d 139 (Fla. 4th DCA 2004)
    …ying post-trial release shall set forth the factual basis and reasons therefore). [*141] The record does not show that the trial court considered the Younghans factors or that it based its denial of bond on appropriate factors. See Coolley v. State, 720 So. 2d 598 (Fla. 2d DCA 1998)(holding that the fact that a defendant is subject to a minimum mandatory prison sentence is not grounds for denying post-trial release). Further, the fact that appellant is a Canadian citizen who may be subject to deportation at t…
  • Evans v. State, 863 So. 2d 384 (Fla. 1st DCA 2003)
    …nt and sentence. Appellant is not facing a lengthy incarcerative sentence, and the absence of any other case specific circumstances to suggest that he will flee to avoid punishment renders reliance on this factor inappropriate. See Coolley v. State, 720 So. 2d 598 (Fla. 2d DCA 1998)(fact that defendant is facing minimum mandatory sentence does not in the absence of other supporting facts justify conclusion that defendant presents a flight risk). Indeed, as the Younghans court recognized, the fact that appella…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw