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Luyao v. Mascara

District Court of Appeal of Florida, Fourth District
May 3, 2002
815 So. 2d 748 (Fla. Dist. Ct. App. 2002)

Opinion

No. 4D02-1550.

May 3, 2002.

Petition for writ of habeas corpus to the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Dwight L. Geiger, Judge; L.T. Case Nos. 02-1083, 02-1084, 02-1085, 02-1086, 02-1087, 02-1088, 02-1089, 02-1090, 02-1091, 02-1093, 02-1094, 02-1095, 02-1096

Richard G. Lubin and John Olea of Richard G. Lubin, P.A., West Palm Beach, for petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Monique E. L'Italien, Assistant Attorney General, West Palm Beach, for respondent.


Petitioner is a medical doctor who was recently arrested on numerous charges relating to the illegal sale or delivery of drugs. The trial court, in setting bond, followed the local bond schedule for each charge, and when the amounts were added together, they totaled $1,890, 000. Petitioner seeks a writ of habeas corpus which we grant, because the amount of bail is excessive in light of the financial circumstances of the petitioner. Excessive bail is tantamount to no bail. Alvarez v. Crowder, 645 So.2d 63 (Fla. 4th DCA 1994) and cases cited. We therefore grant the petition and return it to the trial court for a new determination of reasonable bail in a reduced amount.

GUNTHER, KLEIN and HAZOURI, JJ., concur.


Summaries of

Luyao v. Mascara

District Court of Appeal of Florida, Fourth District
May 3, 2002
815 So. 2d 748 (Fla. Dist. Ct. App. 2002)
Case details for

Luyao v. Mascara

Case Details

Full title:ASUNCIO LUYAO, Petitioner, v. KEN MASCARA, SHERIFF, ST. LUCIE COUNTY…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 3, 2002

Citations

815 So. 2d 748 (Fla. Dist. Ct. App. 2002)

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