JAMES KEITH LEIGHTON, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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James Keith Leighton, a 23-year-old with minimal assets, challenged a $1.6 million bail set in his attempted first-degree murder case as excessive and tantamount to no bond. The Florida Fifth District Court of Appeal granted his habeas petition, holding that the bail amount was excessive relative to his financial circumstances and remanded for the trial court to set reasonable bail or detain him without bond with findings.
The court granted the habeas petition, holding that although the crimes are serious and the defendant poses a danger, the bail amount is excessive based on the petitioner's financial situation and cannot stand. The trial court must conduct a new bond hearing to either set reasonable bail or detain without bond with appropriate findings.
[1] A pretrial bail amount that is excessive and cannot be met by the defendant, given their financial situation, constitutes an abuse of discretion.
[2] A trial court must either set a reasonable bond or detain a defendant without bond, providing specific reasons for the detention.
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“although the trial court found 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”
Core holding that bail must be proportional to defendant's financial circumstances despite serious charges
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Join FLexlaw to unlock all legal intelligenceLeighton was arrested for attempted first-degree murder, shooting a missile into a structure or vehicle, and use of a weapon in commission of a felony…
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James Keith Leighton (Petitioner) filed a Petition for Writ of Habeas Corpus with this court asserting that the pretrial bail set in his criminal case in the amount of 1.6 million dollars was tantamount to no bond at all and the trial court’s refusal to reduce excessive bond was an abuse of discretion. We grant the petition and order the trial court to either set a reasonable bond or detain the petitioner without bond and set forth the reasons therefor.
Petitioner was originally arrested for the offenses of attempted first degree murder (count one), shooting a missile into a structure or vehicle (count two) and the use of a weapon in the commission of a felony (count three). A cumulative bond amount was set at 1.6 million dollars.
At no time did the State request detention pursuant to Florida Rule of Criminal Procedure 3.132, even though the petitioner was charged with a first degree felony punishable by up to life imprisonment. See Art. 1, Sec. 14, Fla. Const. In fact, the record reveals that defense counsel initially and incorrectly stated that the trial court could not detain the petitioner without the setting of bond, because none of the charges filed constituted a capital offense. Neither the State nor the trial judge questioned this assertion, and no request was made to deny bond. Testimony and evidence were then taken regarding the factors set forth in Florida Rule of Criminal Procedure 3.131(b)(3) and Florida Statute Section 903.046(2). Significantly, the petitioner is a 23 year old with no assets and he earns approximately $400 per week. Therefore, although the trial court found 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, and JACOBUS, JJ. concur.
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Citator
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Robinson v. State, 95 So. 3d 437 (Fla. 5th DCA 2012)…obability of the accused’s being able to furnish it,” Matera v. Buchanan, 192 So. 2d 18, 20 (Fla. 3d DCA 1966), we conclude that the bail is excessive, particularly given his ties to the community and [*439] employment. See, e.g., Leighton v. State, 55 So. 3d 675, 676 (Fla. 5th DCA 2011) (determining that bail in amount of $1,600,000 for twenty-three-year-old defendant charged, inter alia, with attempted first-degree murder was excessive based on defendant’s financial status); Mesidor, 721 So. 2d at 811 (fin…
Authorities Cited
- Best v. State, 28 So. 3d 134 (Fla. 5th DCA 2010)