ROMMIE L. LOUDD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant Loudd sought bail pending appeal of a Florida felony conviction, but was denied because he had a prior felony conviction (from Massachusetts federal court) committed before the offense he was appealing. The court affirmed the denial, holding that the statute and rule categorically prohibit bail in such circumstances.
The court held that the trial court correctly denied bail because the statute and rule specifically prohibit bail when a defendant has previously been convicted of a felony committed prior to the felony conviction being appealed, regardless of whether the prior conviction occurred in federal or state court.
[1] A person convicted of a felony may be denied bail pending appeal if they have a prior felony conviction for an offense committed before the current felony conviction.
[2] Statutes and rules of criminal procedure may restrict the availability of bail pending appeal for defendants with prior felony convictions.
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Join FLexlaw to unlock all legal intelligence“No person may be admitted to bail upon appeal from a conviction of a felony unless the defendant establishes that the appeal is taken in good faith, on grounds fairly debatable, and not frivolous. However, in no case shall bail be granted 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 or if other felony charges are pending against him and probable cause has been found that the person has committed the felony or felonies at the time the request for bail is made.”
The statutory provision that categorically prohibits bail when a prior felony conviction involved conduct preceding the current offense
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Join FLexlaw to unlock all legal intelligenceLoudd was convicted of a felony in Orange County Circuit Court on December 23, 1975, for conduct occurring on February 24, 1975. Subsequently, he was …
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DOWNEY, Judge.
Appellant was charged in the Circuit Court of Orange County with having committed a felony on February 24, 1975, and he was adjudicated' guilty on December 23, 1975. Subsequently, appellant was adjudicated guilty of a felony in the United States District Court in Massachusetts. That felony was committed on February 4, 1975.
Appellant applied to the Circuit Court of Orange County for bail pending the appeal of his December 23, 1975, conviction. The trial court felt it had no discretion to grant bail in view of Section 903.132(1), Florida Statutes (1976), and Fla.R.Crim.P. 3.691(a). Appellant now seeks review of that order. Section 903.132(1) provides:
“(1) No person may be admitted to bail upon appeal from a conviction of a felony unless the defendant establishes that the appeal is taken in good faith, on grounds fairly debatable, and not frivolous. However, in no case shall bail be granted 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 or if other felony charges are pending against him and probable cause has been found that the person has committed the felony or felonies at the time the request for bail is made.”
The pertinent part of the rule is to the same effect.
Both the statute and the rule provide that if a defendant applying for bail pending appeal has been convicted of a felony prior to such petition for bail and that felony was committed prior to the felony the conviction of which he is appealing, he shall be denied bail.
The facts in the case at bar are that appellant at the time he applied for bail pending appeal on July 1, 1977, had previously been convicted of a felony in Federal Court in Massachusetts and that felony was committed prior to the felony the conviction of which appellant is presently appealing. Accordingly the trial court correctly denied appellant’s petition for bail because both the statute and the rule specifically provide that bail shall not be granted in this fact situation.
The order appealed from is affirmed.
ANSTEAD and LETTS, JJ., concur.
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Sphaler v. Colman, 379 So. 2d 717 (Fla. 5th DCA 1980)…titioner was arrested for acts committed in 1978 and was convicted in 1979. The statute and rule cited above were in effect prior to 1978, and under their specific provisions, bail should not have been granted in this fact situation. Loudd v. State, 356 So. 2d 1297 (Fla. 4th DCA 1978). Greene v. State, 238 So. 2d 296 (Fla.1970), is not applicable because both the felonies involved in that case had been committed before the effective date of the statute sought to be applied. The Petition for Writ of Habeas Cor…