BRANDON T. MARTIN, PETITIONER,
v.
KEN JENNE, AS SHERIFF OF BROWARD COUNTY, FLORIDA, RESPONDENT
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Brandon Martin sought habeas corpus relief from a $50,000 bond set pending retrial on a burglary charge after his conviction was reversed. The court granted the petition, finding the bond excessive because the trial court failed to hold an evidentiary hearing on Martin's financial resources before setting the bond amount.
The court granted habeas corpus relief and remanded the case for a new bond determination. The trial court must hold an evidentiary hearing on the petitioner's financial resources and all other appropriate criteria before setting bond, as excessive bond without consideration of the defendant's ability to pay is tantamount to no bond at all.
[1] An appellate court will grant relief from a trial court's bail ruling if the petitioner demonstrates that the amount of bail set is unreasonable under the circumstances.
[2] Excessive bail, depending on the financial resources of the defendant, is tantamount to no bail at all.
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Join FLexlaw to unlock all legal intelligence“It is also settled that excessive bond, depending on the financial resources of the defendant, is tantamount to no bond at all.”
Establishes the principle that bond must be reasonable relative to defendant's financial ability to pay, and that excessive bond effectively denies bail.
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Join FLexlaw to unlock all legal intelligenceMartin was originally convicted of burglary and his original bond was $5,000. After his conviction was reversed and remanded for retrial, the trial co…
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PER CURIAM.
Brandon T. Martin sought habeas corpus relief from his detention and bond set at $50,000 pending his retrial on a charge of burglary. This court previously issued an order granting the petition and remanding for an evidentiary hearing on Martin’s financial resources and all other appropriate criteria. We stated that an opinion would follow.
We write only to explain our reasons for granting habeas corpus relief in this case. Briefly stated, after petitioner’s conviction was reversed and remanded for a new trial following his successful appeal, the trial court imposed bond pending retrial at $50,000. The charge for retrial was burglary. The original bond was $5,000, and supersedeas bond on appeal was $20,-000. The trial court set the new bond at $50,000 based on certain circumstances involving petitioner’s failure to be present in the courtroom at the time his case was called during a calendar call, his recent changes of residence, and some of the other standard criteria for bond. However, the trial court heard no evidence as to his financial resources.
Petitioner argued that his new bond is excessive, noting that he recently had been declared partially indigent for purposes of payment of court costs.
Although a trial court’s ruling on bail is entitled to a presumption of correctness, an appellate court will grant relief where the petitioner demonstrates that the amount of bail set is unreasonable under the circumstances. See Good v. Witte, 382 So. 2d 408 (Fla. 4th DCA 1980); Fretwell v. Dobeck, 473 So. 2d 302 (Fla. 4th DCA 1985). It is also settled that excessive bond, depending on the financial resources of the defendant, is tantamount to no bond at all. Mesidor v. Neumann, 721 So. 2d 810 (Fla. 4th DCA 1998); Cameron v. McCampbell, 704 So. 2d 721 (Fla. 4th DCA 1998); Good v. Wille, 382 So. 2d 408 (Fla. 4th DCA 1980). That is why evidence of financial resources of the defendant must be heard and taken into consideration before bond is set.
Where the evidence at a bond hearing is insufficient on this criteria, habeas corpus should be granted and the cause returned to the trial court for a new determination. Patterson v. Neuman, 707 So. 2d 946 (Fla. 4th DCA 1998).
Accordingly, we grant the petition for writ of habeas corpus and return it to the trial court for a new determination of reasonable bond after an evidentiary hearing on the petitioner’s financial resources and all other appropriate criteria.
PETITION FOR WRIT OF HABEAS CORPUS GRANTED AND CAUSE REMANDED.
WARNER, C.J., FARMER and TAYLOR, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Camara v. State, 916 So. 2d 946 (Fla. 3d DCA 2005)…v. Spears, 771 So. 2d 621, 622 (Fla. 3d DCA 2000); Mesidor v. Neumann, 721 So. 2d 810 (Fla. 4th DCA 1998). That is why evidence of financial resources of the petitioner must be heard and taken into consideration before bond is set. Martin v. Jenne, 745 So. 2d 412 (Fla. 4th DCA 1999). Where the evidence at a bond hearing is insufficient on this criteria, habeas corpus should be granted and the cause returned to the trial court for a new determination. Patterson v. Neuman, 707 So. 2d 946 (Fla. 4th DCA 1998).…
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Miller v. Jenne, 780 So. 2d 241 (Fla. 4th DCA 2001)…requirement. Further, where the evidence at a bond hearing is insufficient concerning the financial resources of the defendant, habeas corpus should be granted and the cause returned to the trial court for a new determination. See Martin v. Jenne, 745 So. 2d 412, 414 (Fla. 4th DCA 1999) (citing Patterson v. Neuman, 707 So. 2d 946 (Fla. 4th DCA 1998)). Clearly, the evidence as to financial resources was insufficient in this case because the issue was never even discussed. Accordingly, we grant the petition…
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Sparkman v. State, 994 So. 2d 504 (Fla. 4th DCA 2008)…Michelle Leigh Sparkman seeks habeas corpus relief from her bond set in the amount of $100,000.00. We grant the petition and remand for an evidentiary hearing on Sparkman’s financial resources and all other appropriate criteria. See Martin v. Jenne, 745 So. 2d 412 (Fla. 4th DCA 1999); see also Patterson v. Neuman, 707 So. 2d 946 (Fla. 4th DCA 1998). Sparkman’s initial bond was set in the amount of $100,000.00, in 2002, but reduced to $30,000.00 upon stipulation by the parties for various reasons. Sparkman w…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Finlason v. Finlason, 382 So. 2d 408 (Fla. 4th DCA 1980)
- Good v. Wille, 382 So. 2d 408 (Fla. 4th DCA 1980)
- Davis v. State, 707 So. 2d 946 (Fla. 4th DCA 1998)
- Swihart v. State, 721 So. 2d 810 (Fla. 5th DCA 1998)
- Mesidor v. Neumann, 721 So. 2d 810 (Fla. 4th DCA 1998)
- Fretwell v. Honorable R.T. "Tim" Dobeck, 473 So. 2d 302 (Fla. 4th DCA 1985)
- Black v. Metro. Dade Cnty. & Fla. Unemployment Appeals Comm'n, 704 So. 2d 721 (Fla. 3d DCA 1998)
- Cameron v. McCAMPBELL, 704 So. 2d 721 (Fla. 4th DCA 1998)
- Darryll Patterson v. Neuman, 707 So. 2d 946 (Fla. 4th DCA 1998)