ERIK FORREST HALL, APPELLANT/CROSS-APPELLEE,
v.
STATE OF FLORIDA, APPELLEE/CROSS-APPELLANT
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The State petitioned for a writ of mandamus to enforce this court's mandate affirming Erik Hall's manslaughter conviction and sentence after the circuit court continued Hall's bond release pending possible discretionary review. The court granted the State's petition, holding that the circuit court lacked authority to continue bond after mandate issued and ordered Hall immediately taken into custody.
A circuit court lacks authority to continue bond after mandate has issued because such action stays the mandate, which only the district court and Florida Supreme Court may do. The circuit court was obligated to immediately commit the defendant after the stay of sentence terminated, and the circuit court had no statutory or procedural authority to delay execution of sentence pending possible supreme court review.
[1] A circuit court lacks the authority to continue a defendant's bond after a mandate has issued, as this action effectively stays the mandate, which the circuit court is no…
[2] Only the district court and the Florida Supreme Court possess the authority to stay a district court's mandate pending review in the supreme court.
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Join FLexlaw to unlock all legal intelligence“The circuit court is without the authority to continue bond after mandate has issued because such an act has the effect of staying mandate, which the circuit court is not authorized to do.”
Establishes the core holding that circuit courts cannot continue bond after mandate issues, as this effectively stays the mandate.
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceHall was convicted of manslaughter and sentenced to 9.25 years in prison. The District Court of Appeal issued mandate affirming the conviction and sen…
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ORDER ON PETITION FOR WRIT OF MANDAMUS AND/OR MOTION FOR ENFORCEMENT OF MANDATE
PER CURIAM.
This court issued mandate in this case affirming Erik Forrest Hall’s manslaughter conviction and 9.25-year prison sentence on March 30, 2007. The State of Florida has filed a petition for writ of mandamus and/or motion for enforcement of mandate. The State asserts that the circuit court has declined to enforce our mandate by continuing Hall’s release on bond apparently pending the possible acceptance of discretionary review of his case in the supreme court. The circuit court held a hearing in April at which it set a future date for a hearing on “execution of sentence.”
The circuit court is without the authority to continue bond after mandate has issued because such an act has the effect of staying mandate, which the circuit court is not authorized to do. State v. Broom, 526 So. 2d 158, 159 (Fla. 2d DCA 1988). Only the district court and Florida Supreme Court have the authority to stay the district court’s mandate pending review in the supreme court. See State v. Roberts, 661 So. 2d 821, 822 (Fla.1995). This court denied Hall’s motion to stay mandate on March 29, 2007. The supreme court has not issued any stay.
The trial court had no statutory or procedural authority to continue its stay of sentence after we denied the motion to stay mandate. Under Florida Rule of Criminal Procedure 3.810, the trial court was obligated to “forthwith commit” the defendant after the stay of sentence terminated. Although a trial court may have some discretion to establish an orderly process by which a defendant is committed following an unsuccessful appeal, the delay in this case is not for that purpose. Indeed, it appears that Hall could have been committed in April at the earlier hearing.
Accordingly, the State’s petition for writ of mandamus and/or motion to enforce mandate is granted. The circuit court judge assigned to this case shall immediately issue an order requiring the sheriff of Lee County to take Hall into custody and to transfer him to the appropriate authority for the service of his sentence. This order shall be effective immediately and shall not be delayed due to any pending motions for rehearing directed to this order. ALTENBERND, SALCINES, and STRINGER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Roberts, 661 So. 2d 821 (Fla. 1995)
- State v. Broom, 526 So. 2d 158 (Fla. 2d DCA 1988)