State ex rel. Bardina v. Sandstrom, 75--1662
| Decision Date | 12 November 1975 |
| Docket Number | No. 75--1662,75--1662 |
| Citation | 321 So.2d 630 |
| Parties | The STATE of Florida ex rel. Rolando BARDINA, Relator, v. Jack SANDSTROM, Director, Dade County Department of Corrections and Rehabilitation and, Ellen J. Morphonios, Circuit Judge, Respondents. |
| Court | Florida District Court of Appeals |
Pollack, Tunkey, Robbins, Weiner & Leen, Miami, for relator.
Richard E. Gerstein, State Atty., and Milton Robbins, Asst. State Atty., for respondents.
Before BARKDULL, C.J., and PEARSON and HAVERFIELD, JJ.
By this petition for writ of habeas corpus, we are called upon to review the amount of bond set by the trial court in a capital felony cause. The petitioner was indicted for the crime of murder in the first degree and robbery. He has also been charged with buying, receiving, or concealing stolen property and possession of a short barrelled shotgun.
The trial judge found, as to the charge of murder in the first degree and robbery, that the proof of guilt was not evident and the presumption of guilt was not great and that, therefore, under the law, the defendant would be entitled to reasonable bail on these charges pursuant to Art. I, § 14, Constitution of the State of Florida. The trial court thereupon fixed bail on these charges in the amount of $350,000.00 and the amount of $1,500.00 on the remaining charges.
This petition for writ of habeas corpus has been filed, contending that the amount of bail is excessive, the record disclosing that the defendant is a refugee from Cuba, having come to this Country some fifteen years ago and resided in New York until approximately seven months ago; that the defendant has had no criminal record for the past fifteen years; that he lives in the Miami area with his wife and child, although he has a brother who resides in Mexico; that he is self-employed in the jewelry business; that he has a number of friends in the community who spoke up for him; that private counsel has been retained by his friends and family, even though the trial judge did find that he was indigent for the purposes of costs. 1
The amount of bond to be fixed in a cause such as this is discretionary with the trial court and each case must turn on its particular facts. State v. Schulz, Fla.App.1965, 180 So.2d 367; Matera v. Buchanan, Fla.App.1966, 192 So.2d 18; State v. Untreiner, Fla.App.1971, 246 So.2d 158. However, it has often been held that when a defendant is entitled to bail he is entitled to reasonable bail (Jones v. Cunningham, 126 Fla. 333, 170 So. 663; Mathis v....
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Pugh v. Rainwater
...to be determined in the exercise of a judge's discretion on an ad hoc, case by case basis. See, e. g., State ex rel. Bardina v. Sandstrom, 321 So.2d 630 (3d D.C.A. Fla.1975). Once exercised, a judge's discretion is reviewable only for abuse, the incarcerated defendant bearing the burden of ......
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Rawls v. State
...depending on the financial resources of the defendant, is tantamount to no bail. See Good v. Wille, supra; State ex rel. Bardina v. Sandstrom, 321 So.2d 630 (Fla. 3d DCA 1975). ...
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Sikes v. McMillian, 90-1787
...Kelsey; Rawls v. State, 540 So.2d 946 (Fla. 5th DCA 1989); Good v. Wille, 382 So.2d 408 (Fla. 4th DCA 1980); State ex rel. Bardina v. Sandstrom, 321 So.2d 630 (Fla. 3d DCA 1975); State ex rel. Crabb v. Carson, 189 So.2d 376 (Fla. 1st DCA Section 903.046(2)(h) provides that in determining wh......
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Good v. Wille, 80-364
...Depending upon the financial circumstances of the defendant, excessive bail is tantamount to no bail. State ex rel. Bardina v. Sandstrom, 321 So.2d 630 (Fla. 3d DCA 1975). In addition to the defendant's financial circumstances, there are numerous criteria to be considered in setting bail an......