King v. Norvell

411 So. 2d 344 | Fla. Dist. Ct. App. | 1982

Concurrence Opinion

ANSTEAD, Judge,

specially concurring:

The petitioner is charged with perjury and he has been directed to post a bail bond in the amount of $50,000.00 to secure his pretrial release. The amount of this bond was set without hearing.

I agree that the petitioner is entitled to an immediate hearing on his application for reduction in bail. However, I also believe that on the face of the present record, *345which includes a court ordered “Bond Reduction” report from the probation officer, the present amount of the bail bond is excessive.






Lead Opinion

PER CURIAM.

We grant the writ of habeas corpus and make it returnable before the circuit court of the Nineteenth Judicial Circuit, in and for St. Lucie County so that a new determination may be made as to a reasonable amount of bail, taking into account the factors which we held appropriate in Good v. Wilie, 382 So.2d 408 (Fla.4th DCA 1980).

Petitioner shall be given the opportunity to present evidence and to otherwise be heard as on a motion for bond reduction.

Such hearing shall be held forthwith.

We make no determination as to the ex-cessiveness of the present bail amount.

IT IS SO ORDERED.

HERSEY and DELL, JJ., concur. ANSTEAD, J., concurs specially with opinion.