Bonds v. State, 74--1207
| Decision Date | 16 September 1975 |
| Docket Number | No. 74--1207,74--1207 |
| Citation | 318 So.2d 521 |
| Parties | David BONDS, Appellant, v. The STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Phillip A. Hubbart, Public Defender, and Mark King Leban, Asst. Public Defender, for appellant.
Robert L. Shevin, Atty. Gen., and Stephen V. Rosin and Arthur Joel Berger, Asst. Attys. Gen., for appellee.
Before PEARSON, HAVERFIELD and NATHAN, JJ.
from an order revoking probation, this appeal was taken. While on probation, appellant was arrested on a charge of assault with intent to commit robbery. In the proceedings upon this charge, appellant successfully moved to suppress the victim's identification of him to a police officer. He thereupon moved for a jury trial as to the issue of identification in his probation violation hearing. The motion was denied and probation revoked upon the clear identification of the appellant as the person who committed the assault.
Appellant argues that the trial court abused its discretion by failing to impanel a jury for an advisory opinion on the issue of his identity as the perpetrator of the crime for the purpose of determining whether his parole was, in fact, violated. We find no abuse of discretion. See Singletary v. State, Fla.App.1974, 290 So.2d 116 and Heath v. State, Fla.App.1975, 310 So.2d 38.
Affirmed.
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Morgan v. Wainwright
...decided in the period between Morgan and Hooks uniformly have held that no such right to a jury exists in Florida. Bonds v. State, 318 So.2d 521, 522 (Fla.Dist.Ct.App.1975); Heath v. State, 310 So.2d 38, 39 (Fla.Dist.Ct.App.1975), rev'd on other grounds, 343 So.2d 13 (Fla.1977), cert. denie......
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Morgan v. State
...to be revoked. Subsequent to our opinion in Hooks, two other district courts of appeal have squarely rejected our view. Bonds v. State, 318 So.2d 521 (Fla.3d DCA 1975); Beasley v. State, 310 So.2d 37 (Fla.4th DCA 1975); Singletary v. State, 290 So.2d 116 (Fla.4th DCA 1974). We now believe i......