From Casetext: Smarter Legal Research

Taylor v. State

District Court of Appeal of Florida, Fifth District
Jul 16, 1980
388 So. 2d 576 (Fla. Dist. Ct. App. 1980)

Opinion

No. 80-663.

July 16, 1980.

Petition for review from the Circuit Court.

Stan R. Morris, of Turner Morris, P.A., Gainesville, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for respondents.


WRIT OF HABEAS CORPUS


By petition for writ of habeas corpus a review is sought of an order denying pre-trial bail in a capital case. The judge below found "that the proof of the defendant's guilt in this case is evident and the presumption is great that the defendant committed the acts as charged in the indictment."

In denying bail the judge below apparently did not consider the case of Arthur v. Harper, 371 So.2d 96 (Fla. 4th DCA 1978). In that case it was held that the magistrate does have discretion to admit persons accused of capital crimes to bail even though the proof of guilt is evident or the presumption is great. We agree with the reasoning in that case and hold that only persons accused of non-capital crimes are entitled to bail as a matter of right; but that persons accused of capital and life imprisonment crimes may be admitted to bail, in the sound discretion of the trial court judge, or committing magistrate.

"Until adjudged guilty, every person charged with a crime or violation of municipal or county ordinance shall be entitled to release on reasonable bail with sufficient surety unless charged with a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great." Section 14, article 1, Constitution of the State of Florida.
"Offenses Less Than Capital. All persons in custody for the commission of an offense unless it is a capital offense or an offense punishable by life imprisonment and the proof of guilt is evident or the presumption is great shall be entitled as of right to be admitted to bail before conviction. After conviction bail may be granted by either the trial or appellate court." Rule 3.130(a), Fla.R.Crim.P.

In order to allow the trial judge to enter his complete findings or to conduct such further hearings as he may deem appropriate, we relinquish jurisdiction and remand this cause to the trial court for twenty days. Upon the completion of any hearing, or upon reconsideration without further hearing, the trial judge should submit his findings and his order for our further review to determine whether to issue the writ.

IT IS SO ORDERED.

FRANK D. UPCHURCH, Jr., and SHARP, JJ., concur.


Summaries of

Taylor v. State

District Court of Appeal of Florida, Fifth District
Jul 16, 1980
388 So. 2d 576 (Fla. Dist. Ct. App. 1980)
Case details for

Taylor v. State

Case Details

Full title:RAYMOND ELLIS TAYLOR, PETITIONER, v. STATE OF FLORIDA AND DON R. MORELAND…

Court:District Court of Appeal of Florida, Fifth District

Date published: Jul 16, 1980

Citations

388 So. 2d 576 (Fla. Dist. Ct. App. 1980)

Citing Cases

Hancock v. State

Therefore, the right to bail prior to trial of one accused of a non-capital crime is absolute. Taylor v.…

Gomez v. Hinckley

Thus, prior to January 1, 1983, this section provided that, with rare exception, only persons charged with…