WILLIAM PALLADINO, PETITIONER,
v.
HONORABLE JACK M. TURNER, AS JUDGE OF THE CRIMINAL COURT OF RECORD, DADE COUNTY, FLORIDA, RESPONDENT

Fla. | 1972-06-07
No. 42120
ROBERTS, C. J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.
263 So. 2d 206 Florida Supreme Court (1972) Negative Treatment
Cited by 7 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

Upon consideration of the petition for writ of mandamus, the brief of petitioner, and the return of the respondent, we conclude that the alternative writ should be discharged without prejudice. Petitioner *207may reapply for bail pending appeal in accord with the standards enunciated in Younghans v. State, 90 So.2d 308 (Fla.1956) and F.A.R. 6.15(b), 32 F.S.A.; however, on reapplication petitioner remains subject to existing statutory limitations on bail, including Fla.Stat. § 903.132, F.S.A., as may be applicable.

It is so ordered.

ROBERTS, C. J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

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Cited By

  • Hart v. State, 405 So. 2d 1048 (Fla. 4th DCA 1981)
    …the statute here attacked. Section 903.131 does not suffer the infirmity of violating the separation of powers doctrine. (Footnotes omitted). 238 So. 2d at 299. The statute, by then numbered Section 903.132, was again upheld in Palladino v. Turner, 263 So. 2d 206 (Fla.1972). [*1051] Later in 1972, the Florida Supreme Court promulgated Florida Rule of Criminal Procedure 3.691. In Re Florida Rules of Criminal Procedure, 272 So. 2d 65 (Fla.1972). Rule 3.691 (and Rule 3.130(a)) appeared to be in conflict with Se…
  • Bamber v. State, 300 So. 2d 269 (Fla. 2d DCA 1974)
    …TY, J., dissents with opinion. . (Fla.1956) 90 So. 2d 308. .. See also,. Rules 3.691, CrPR, and 6.15, F.A.R. .Which is, in substance, consistent with a corresponding appellate rule, to wit: Rule 6.15, F.A.R. . See, Palladino v. Turner (Fla.1972) 263 So. 2d 206, and Greene v. State (Fla.1970) 238 So. 2d 296. See also, Ex parte Hyde (1939) 140 Fla. 494, 192 So. 159. . See, Art. V, Sec. 2(a), Florida Constitution. . (Fla.1974) 288 So. 2d 490.…
  • State v. Jimenez, 508 So. 2d 1257 (Fla. 3d DCA 1987)
    …e proper subject of a rule — to control the procedure by which a defendant’s right to bail may be exercised, it is a legislative function — and thus the proper subject of a statute — to declare what persons are entitled to bail. Palladino v. Turner, 263 So. 2d 206 (Fla.1972); Greene v. State, 238 So. 2d 296 (Fla.1970). The Legislature’s declaration in Section 903.133 that persons adjudged guilty of trafficking in cocaine cannot be admitted to bail pending review has been held to be a valid exercise of legisla…

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