Opinion
No. 82-292.
March 24, 1982.
On petition for Writ of Habeas Corpus to the Circuit Court in and for St. Lucie County, Dwight L. Geiger, Judge.
Thomas A. Burford of Burford Still, P.A., West Palm Beach, for petitioner.
Jim Smith, Atty. Gen., Tallahassee, and Marlyn J. Altman, Asst. Atty. Gen., West Palm Beach, for respondent.
We grant the writ of habeas corpus and make it returnable before the circuit court of the Nineteenth Judicial Circuit, in and for St. Lucie County so that a new determination may be made as to a reasonable amount of bail, taking into account the factors which we held appropriate in Good v. Wille, 382 So.2d 408 (Fla.4th DCA 1980).
Petitioner shall be given the opportunity to present evidence and to otherwise be heard as on a motion for bond reduction.
Such hearing shall be held forthwith.
We make no determination as to the excessiveness of the present bail amount.
IT IS SO ORDERED.
HERSEY and DELL, JJ., concur.
ANSTEAD, J., concurs specially with opinion.
The petitioner is charged with perjury and he has been directed to post a bail bond in the amount of $50,000.00 to secure his pretrial release. The amount of this bond was set without hearing.
I agree that the petitioner is entitled to an immediate hearing on his application for reduction in bail. However, I also believe that on the face of the present record, which includes a court ordered "Bond Reduction" report from the probation officer, the present amount of the bail bond is excessive.