PERRY FURN GREENE, III, AND JUNIOR CLEVELAND RICHBURG, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE

Fla. | 1970-03-25
No. 39453
ERVIN, C. J., and DREW, CARLTON, ADKINS and BOYD, JJ., concur.
233 So. 2d 387 Florida Supreme Court (1970) Positive Treatment
Cited by 4 cases
Topics
Florida Supreme Court Jurisdiction Bail Pending Appeal Constitutional Challenge To Statute Constitutional Challenge

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Opinion of the Court
PER CURIAM:

PER CURIAM:

By order of- the District Court of Appeal, First District, appellant’s Motion Requesting Review of Order Denying Bail Pending Appeal has been transferred to this Court pursuant to Florida Appellate Rule 2.1(a) (5) (d), 32 F.S.A.

From an examination of the record, we are unable to determine whether the trial court by its oral order denying bail directly passed upon the validity of Florida Statutes, Section 903.131, F.S.A. [Chapter 69-307], although the section’s constitutionality was challenged.

For the purpose of determining whether this Court has jurisdiction to review the order. denying bail under Article, V, Section 4(2), Florida' Constitution, F.S.A., we temporarily relinquish control of this cause to the trial court for the sole purpose of enabling the trial court to enter an appropriate order specifically stating the grounds for denying bail pending appeal. Upon entry of such order, a certified copy thereof, together with the instant record, shall be returned to this Court for appropriate disposition. See Merrill v. City of Miami, 203 So.2d 611 (Fla. 1967), and State v. Bruno, 104 So.2d 588 (Fla.1958).

It is so ordered.

ERVIN, C. J., and DREW, CARLTON, ADKINS and BOYD, JJ., concur.

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Citator

Cited By

  • Greene v. State, 238 So. 2d 296 (Fla. 1970)
    …rsuant to Section 903.131 is quashed, and the cause is remanded for further proceedings not inconsistent with this opinion. It is so ordered. ROBERTS, ADKINS and BOYD, JJ., concur. ERVIN, C. J., concurs specially with opinion. . Greene v. State, 233 So. 2d 387 (Fla.1970). . “Bail — Until adjudged guilty, every person charged with a crime or violation of municipal or county ordinance shall be entitled to release on reasonable bail with sufficient surety unless charged with a capital offense or an offense…
  • Ward v. State, 274 So. 2d 895 (Fla. 3d DCA 1973)
    …r, a certified copy thereof, together with the instant record, shall be returned to this Court for appropriate disposition. See: State v. Bruno, Fla.1958, 104 So. 2d 588; Merrill v. City of Miami, Fla.1967, 203 So. 2d 611; Greene v. State, Fla.1970, 233 So. 2d 387. It is so ordered.…

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