Opinion
No. 42120.
June 7, 1972.
Original Jurisdiction — Mandamus.
Phillip A. Hubbart, Public Defender, and Bennett H. Brummer, Asst. Public Defender, for petitioner.
Robert L. Shevin, Atty. Gen., and Joel D. Rosenblatt, Asst. Atty. Gen., for respondent.
Upon consideration of the petition for writ of mandamus, the brief of petitioner, and the return of the respondent, we conclude that the alternative writ should be discharged without prejudice. Petitioner may reapply for bail pending appeal in accord with the standards enunciated in Younghans v. State, 90 So.2d 308 (Fla. 1956) and F.A.R. 6.15(b), 32 F.S.A.; however, on reapplication petitioner remains subject to existing statutory limitations on bail, including Fla. Stat. § 903.132, F.S.A., as may be applicable.
It is so ordered.
ROBERTS, C.J., and ERVIN, CARLTON, McCAIN and DEKLE, JJ., concur.