DWIGHT BEST, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 2010-02-05
No. 5D09-3606
GRIFFIN, EVANDER and COHEN, JJ., concur.
28 So. 3d 134 Florida District Court of Appeal, Fifth District (2010) Positive Treatment
Cited by 2 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.

Synopsis

Dwight Best sought habeas corpus relief challenging a $320,000 bail set in his criminal case. The Florida appellate court granted the petition, finding that the trial judge had abused its discretion by setting bail intentionally unattainable based on the defendant's financial circumstances, effectively functioning as no bond.


Holding

The court held that the trial court abused its discretion when it set an excessive bail designed to be the functional equivalent of no bail. Best was entitled to a new bond hearing before a successor judge.


Headnotes

[1] A court abuses its discretion when it sets an excessive bail that is designed to be the functional equivalent of no bail.

[2] A trial court's intent to set an unattainable bond amount based on a defendant's financial circumstances to ensure incarceration constitutes an abuse of discretion.

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

Key Quotes

“The court abuses its discretion when it sets an excessive bail that is designed to be the functional equivalent of no bail.”

Establishes the legal standard for excessive bail abuse of discretion.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Best was arrested for attempted murder of a law enforcement officer, aggravated assault, fleeing and eluding, and driving with a suspended license. Th…

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.

Petitioner, Dwight Best, filed a petition for writ of habeas corpus asserting that the pretrial bail set in his criminal case was tantamount to no bond and bond should be reduced. We agreed that the writ should issue and the petition was granted by order, with this opinion to follow.

Petitioner was originally arrested for attempted murder of a law enforcement officer, aggravated assault of a law enforcement officer, fleeing and eluding, reckless driving, and driving while license was suspended. No bond was originally set for the attempted murder offense and $100,000, $100,000, $10,000, and $10,000, were set respectively for the remaining offenses. At first appearance, the court set bond on the attempted murder charge at $100,000 and left the remaining bond amounts undisturbed, with a total bond amount of $320,000. Subsequently, the State filed an information charging Petitioner only with aggravated assault, fleeing and eluding, and driving while license was suspended. As a consequence of the State’s abandonment of the attempted murder charge, counsel for Petitioner filed a motion to reduce bond. The motion was heard by the trial court, with Petitioner *135arguing that, based on his financial situation, a $320,000 bond was excessive and amounted to no bond at all.

During the hearing, the trial court inquired as to whether the State might want to establish that “proof was evident and presumption was great in an Arthur1 hearing,” in order to set “no bond.” The defense objected, asserting that the life felony charge had been abandoned. There was then discussion regarding a possible attempt by the State to revoke bond pursuant to section 907.041, Florida Statutes, since aggravated assault is a “dangerous crime.”2 However, these suggestions by the trial judge did not go any further. The trial court then denied the motion to reduce bond, stating that Petitioner was an unreasonable danger to the community based on the fact that the offenses involved violence against a law enforcement officer.

A subsequent hearing was held after Petitioner filed a motion to disqualify the trial judge. During that hearing, which resulted in the judge’s granting of the motion to disqualify, the judge explained his earlier denial of the motion to reduce bond:

[A] high bond is really no bond for this Defendant unless he’s — and I don’t think the wealthy should be receiving preference over anyone else.
And so that’s why I made that suggestion to the State, that if they really felt he was dangerous to the community, which was the argument made to me, I believe that the appropriate motion really would be a no bond as opposed to just asking me to keep a high bond.
My thinking was he could not come up with the amount of that bond and I — in essence, what I was doing was no bonding him by the amount of his bond.

It is clear from these statements that it was the trial judge’s intent to set a bond that was unattainable for Petitioner based on his financial circumstances in order to keep him incarcerated.3 The court abuses its discretion when it sets an excessive bail that is designed to be the functional equivalent of no bail. See Good v. Wille, 382 So.2d 408, 410 (Fla. 4th DCA 1980). As such, Petitioner is entitled to a new bond hearing before the successor judge.4

PETITION GRANTED.

GRIFFIN, EVANDER and COHEN, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Leighton v. State, 55 So. 3d 675 (Fla. 5th DCA 2011)
    …d that the crimes charged are particularly egregious and the petitioner “continues to represent a potential danger to the community,” the bond amount set is excessive based on the petitioner’s financial situation and cannot stand. See Best v. State, 28 So. 3d 134 (Fla. 5th DCA 2010). The petitioner is entitled to a new bond hearing wherein the lower court must either set a reasonable bond or detain the petitioner without bond, supported by appropriate findings. PETITION GRANTED; REMANDED. SAWAYA, PALMER,…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw