DAVID ROLLE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the statute prohibiting bail for prior felony convictions is in conflict with the Florida Rules of Criminal Procedure, which grant discretion to the court.
Appellant sought bail pending appeal after a felony conviction, but the trial court denied it based on a statute prohibiting bail for those with prior…
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PER CURIAM.
This is a motion for review of the trial court’s denial of bail pending appeal. The only ground stated in the order denying bail was that bail is prohibited by § 903.-132, Florida Statutes, appellant having previously been convicted of a felony. § 903.-132 provides as follows:
“No person may be admitted to bail upon appeal from a conviction of a felony if such person has previously been convicted of a felony, the commission of which occurred prior to the commission of the subsequent felony, and such person’s civil rights have not been restored.”
In Bamber v. State, Fla.App. (2d), 300 So. 2d 269, the Second District Court of Appeal held that the statute is in conflict with Rule 3.691(a), F.R.Cr.P., which provides in material part:
“ . . . [A] person may be denied bail upon appeal from conviction of a felony if such person had previously been convicted of a felony . . .” (Emphasis supplied) The trial court there had denied bail in reliance upon the statute and the appellate court reversed and remanded for a hearing according to the principles of Younghans v. State, Fla., 90 So. 2d 308 (which principles are also set forth in said Rule 3.691). In reaching this conclusion the Second District Court of Appeal relied upon language in Bernhardt v. State, Fla., 288 So. 2d 490, to the effect that the legislature cannot deprive the court of its discretion to determine whether bail should be granted pursuant to a rule of criminal procedure. We agree with the Second District Court of Appeal’s decision in Bamber. Jurisdiction is relinquished to the trial court with directions to comply with the requirements of Rule 3.691, F.R.Cr.P., and if bail pending appeal is denied, to enter the order denying same pursuant to said Rule and within IS days from the date hereof. The Clerk of the trial court is directed to forthwith forward a certified copy of said order to the Clerk of this Court.
RAWLS, C. J., and BOYER and Mc-CORD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Rowe v. State, 394 So. 2d 1059 (Fla. 1st DCA 1981)…on by Section 903.132 prohibiting the release on bail of an appellant who had previously been convicted of a felony. In Bamber v. State 300 So. 2d 269 (Fla.2d DCA 1974), the court ruled that the rule superseded the statute. See also, Rolle v. State, 314 So. 2d 624 (Fla.1st DCA 1975). Subsequent to these decisions, the legislature, Chapter 76-138, Section 2, Laws of Florida by appropriate vote repealed the provisions of the rule insofar as they were inconsistent with the statute. In so doing, the legislature l…
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Gallie v. Wainwright, 362 So. 2d 936 (Fla. 1978)…bitive statute and our Court rule, which made bail in such cases discretionary, resulted in rulings by the First and Second District Courts of Appeal that the rule took precedence over the statute because bail is a procedural matter. Rolle v. State, 314 So. 2d 624 (Fla. 1st DCA 1975); Bamber v. State, 300 So. 2d 269 (Fla. 2d DCA 1974). It was expressly in response to these decisions that the legislature enacted Chapter 76-138, which revised Section 903.132 into its present form and repealed Rules 3.130(a) and…
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Hart v. State, 405 So. 2d 1048 (Fla. 4th DCA 1981)…onflict and held that “the legislature cannot deprive the court of its discretion to determine whether bail should be granted pursuant to a rule of criminal procedure.” Bamber v. State, 300 So. 2d 269, 270 (Fla. 2d DCA 1974). Accord, Rolle v. State, 314 So. 2d 624 (Fla. 1st DCA 1975), cert. den., 334 So. 2d 608 (Fla.1976). In determining that the entitlement to bail on appeal was a procedural matter, the Bamber and Rolle courts relied on inferences drawn from the Florida Supreme Court’s earlier decision in Be…1 / 2
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gideon Bernhardt v. State, 288 So. 2d 490 (Fla. 1974)
- Younghans v. State, 90 So. 2d 308 (Fla. 1956)
- Bamber v. State, 300 So. 2d 269 (Fla. 2d DCA 1974)