CopyCited 6 times | Published | Florida 4th District Court of Appeal
...ON MOTION TO REVIEW ORDER DENYING BAIL ANSTEAD, Judge. Petitioners Charles Ray Hewitt and Robert John Hart were convicted of trafficking in cannabis in violation of Section
893.135(1)(a). Florida Statutes (1979). In accordance with the provisions of Section
903.133, Florida Statutes (1980), the judge refused to set bail after petitioners were sentenced. At issue is the constitutionality of Section
903.133, which prohibits bail pending appellate review to all persons adjudged guilty of drug trafficking in violation of Sections
893.13 and
893.135, Florida Statutes (1979). Specifically, petitioners contend Section
903.133 conflicts with the provisions of Florida Rules of Criminal Procedure 3.130(a) and 3.691(a) and encroaches upon the rulemaking authority granted to the Florida Supreme Court under Article V, Section 2(a) of the Florida Constitution which provides: SECTION 2....
...In the present case we must determine whether Florida Rules of Criminal Procedure 3.130(a) [1] and 3.691(a), [2] which provide for the discretionary post-trial release of defendants whose convictions were not for capital offenses and who do not have any previous felony convictions, should prevail over Section
903.133, Florida Statutes, which provides that defendants who are convicted of first degree felony violations of Sections
893.13 and
893.135 shall not be entitled to post-trial release under any circumstances. Although Section
903.133, Florida Statutes, was not adopted by the legislature until 1980, a statute having a similar effect, Section
903.131, later
903.132, was passed by the legislature in 1969....
...Although the outcome of Gallie suggests that the court has determined the right to bail to be a matter of substantive law rather than of procedure, this question is explicitly addressed only in two brief footnotes. [4] *1052 In 1980, the Florida Legislature further limited the right to post-conviction release by passing Section 903.133, which is the focus of the current dispute. Section 903.133 provides: 903.133....
...Trial judges have virtually no discretion as to the imposition of this punishment. [6] In State v. Benitez,
395 So.2d 514 (Fla. 1981), the Florida Supreme Court upheld the constitutionality of §
893.135 against numerous constitutional attacks and commented upon the legislative purpose of the statutory scheme, of which §
903.133 is an integral part: Section
893.135 is a unique response to a serious and growing concern of the legislature regarding illegal drug activities in the State of Florida....
...The harsh mandatory penalties of subsection (1) ameliorated by the prospect of leniency in subsection (3), were clearly calculated to provide a strong incentive for drug violators to cooperate with law enforcement authorities and become informers. This reasoning applies to the enactment of Section 903.133....
...h criminal offenders. [7] We also reject, on the authority of State v. Benitez , the other constitutional arguments advanced by the appellants. Accordingly, we deny the motion for review, affirm the denial of bail and uphold the constitutionality of Section 903.133....
..." the amended statute. We have since acted to conform those rules. The Florida Bar re Florida Rules of Criminal Procedure,
343 So.2d 1247, 1250, 1262 (Fla. 1977).
362 So.2d at 941. [5] Pursuant to Article V, Section 2(a) of the Florida Constitution, Section
903.133 was passed by the requisite 2/3 majority vote necessary to repeal rules promulgated by the Florida Supreme Court....
CopyCited 5 times | Published | Florida 2nd District Court of Appeal | 1993 WL 177937
...Stamps had been convicted of simple purchase of cocaine, as our opinion now requires, that statement would be true. Because the state believed the sting operation was within 1000 feet of a school that was closed for the summer, Mr. Stamps' offense was elevated to a first-degree felony for which section 903.133, Florida Statutes (1991), specifically forbids bail on appeal....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...ON MOTION TO REVIEW BAIL PENDING APPEAL PER CURIAM. Appellant was adjudged guilty of drug trafficking, a first degree felony in violation of section
893.135, Florida Statutes (1979). Appellant filed a motion for bail pending appeal. The trial court denied the motion stating that "section
903.133, Florida Statutes prohibits this Court from granting bail to said Defendant since he has been adjudged guilty of first degree felony for violation of section
893.135, Florida Statutes." Section
903.133 states that "no person adjudged guilty of a first degree felony for a violation of s....
...893.135 shall be admitted to bail pending appellate review." Appellant contends that the application of this statute in his case violates the prohibition against ex post facto laws because the commission of the offense took place before the effective date of section 903.133....
...." The Florida Supreme Court in Greene held that although section
903.132 depends upon conviction of the second or subsequent offense, *582 the significant event as far as judging ex post facto effect is the date of the offense rather than the conviction. Likewise, although section
903.133, which denies bail pending appeal of a conviction of drug trafficking, depends upon conviction of the offense, the significant event as far as judging ex post facto effect is the date of the offense and not the date of conviction. In the instant case, appellant committed the offense on March 13, 1980. He was adjudged guilty on December 10, 1981. The effective date of section
903.133 was June 6, 1980. Thus, appellant committed the offense prior to the effective date of the statute. Therefore, as to appellant, section
903.133 was ex post facto in effect and should not have been relied upon in denying release on bail pending appeal....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 1998 WL 736321
...Because the trial court's denial of Coolley's application for appeal bond failed to comply with the requirements of rules 3.691(b) and 9.140(g)(3), by unpublished order we granted Coolley's motion and directed the trial court to set a reasonable bond. THREADGILL, A.C.J., and BLUE and FULMER, JJ., concur. NOTES [1] See § 903.133, Fla....
CopyCited 1 times | Published | Supreme Court of Florida
...[No Changes]
RULE 3.691. POST-TRIAL RELEASE
(a) When Authorized. All personsA defendant who havehas been
adjudicated guilty of the commission of any non-capital offense for which bail is
not prohibited under section 903.133, Florida Statutes, not capital, may be
released, pending review of the conviction, at the discretion of either the trial or
appellate court, applying the principles enunciated in Younghans v.
StateYounghans v....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2507, 1984 Fla. App. LEXIS 16416
...2 When the state expressed its intention to appeal the trial court’s sentencing decision, the court indicated that it would be inclined to grant a defense motion to release respondent on bail pending the outcome of the state’s appeal. Although the court recognized that a literal reading of section 903.133, Florida Statutes (1983), would preclude the granting of bail on appeal to any individual adjudged guilty of certain specified first-degree felonies, including drug trafficking, it believed that the state’s appeal from a sentence im...
...t constituted an exceptional circumstance not contemplated by the statute. When the court subsequently entered its order releasing respondent on bail pending appeal, this timely petition for writ of certiorari ensued. The Florida legislature enacted section 903.133 in response to its specific finding that the existence and perpetuation of drug trafficking in this state endangers the health, safety, welfare, and morals of our citizenry....
...Consequently, our legislature has expressly stated, “[I]t is the intent of the Legislature that no person adjudged guilty of a first degree felony for a violation of s.
893.13 or s.
893.135, Florida Statutes, be admitted to bail pending appellate review....” Id. Section
903.133, Florida Statutes (1983), articulates this legislative intent in language which leaves little room for debate. Section
903.133 provides, “Notwithstanding the provisions of s....
...1982). It appears clear to us that the legislature intended to prohibit appellate bond for all individuals adjudged guilty of a first degree felony under section
893.135, without regard for whether the state or the defendant pursued the appeal. Indeed, section
903.133 seeks to prevent convicted drug traffickers from “escap[ing] justice and disappearing] upon adjudication of guilt,” Ch....
...That respondent might be permitted to withdraw his plea upon disposition of the state’s appeal creates no exception under the statute, just as an adjudicated drug trafficker’s potential success in his direct appeal has no bearing on the application of section 903.133....
CopyPublished | Florida 4th District Court of Appeal | 9 Fla. L. Weekly 2392, 1984 Fla. App. LEXIS 15957
PER CURIAM. This is a petition for writ of habeas corpus which challenges the constitutionality of Section 903.133, Florida Statutes (1983)....
CopyPublished | Supreme Court of Florida
...-2-
APPENDIX
RULE 3.691. POST-TRIAL RELEASE
(a) When Authorized. A defendant who has been
adjudicated guilty ofsentenced for the commission of any non-
capital offense for which bail is not prohibited under section
903.133, Florida Statutes, may be released, pending review of the
conviction, at the discretion of either the trial or appellate court,
applying the principles enunciated in Younghans v....
CopyPublished | Florida 3rd District Court of Appeal
...Before SCHWARTZ and NESBITT, JJ., and PEARSON, TILLMAN, (Ret.), Associate Judge. Order Denying Application for Bail Pending Review PER CURIAM. We join with the Court of Appeal for the Fourth District and embrace its decision of Hart v. State,
405 So.2d 1048 (Fla. 4th DCA 1981) holding that Section
903.133, Florida Statutes (1980 Supp.) is constitutional....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 12383
of second degree murder in accordance with section
903.133, Florida Statutes (1982 Supp.). Barts challenges
CopyPublished | Florida 3rd District Court of Appeal
...Pursuant
1
Florida Rule of Criminal Procedure 3.691(a) requires the trial court to apply
the principles enunciated in Younghans: “A defendant who has been
adjudicated guilty of the commission of any non-capital offense for which bail
is not prohibited under section 903.133, Florida Statutes, may be released,
pending review of the conviction, at the discretion of either the trial or
appellate court, applying the principles enunciated in Younghans v....
CopyPublished | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 5828, 1992 WL 115791
...The jury convicted Roberts of attempted second degree murder, a second degree felony. See §
777.04(4)(b), Fla.Stat. (1989). The trial court reclassified his crime to a first degree felony pursuant to section
775.087(l)(b), Florida Statutes (1989) and denied his motion for bail pending appeal pursuant to section
903.133, Florida Statutes (1989). Section
903.133 provides: Notwithstanding the provisions of s....
...903.132, no person adjudged guilty of a felony of the first degree for a violation of s.
782.04(2) or (3), s.
787.01, s. 794.-011(4), s.
806.01, s.
893.13, or s.
893.135, or adjudged guilty of a violation of s.
794.011(2) or (3), shall be admitted to bail pending review either by posttrial motion or appeal. We hold that section
903.133 only applies to those crimes specifically listed therein. Since attempted second degree murder, with or without a firearm, does not fall within the list of enumerated crimes, section
903.133 does not apply sub judice....
CopyPublished | Supreme Court of Florida
...[No Changes]
RULE 3.691. POST-TRIAL RELEASE
(a) When Authorized. All personsA defendant who havehas been
adjudicated guilty of the commission of any non-capital offense or for which bail is
prohibited under section 903.133, Florida Statutes, not capital, may be released,
pending review of the conviction, at the discretion of either the trial or appellate
court, applying the principles enunciated in Younghans v....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 8, 1991 WL 123
...T: Put it on tomorrow. THE CLERK: Is there a fine? DEFENSE: Standard statutory fine. MS. ROTHENBERG: Yes, $50,000 fine. The next day, when the defendant attempted to post bond, the State for the first time objected to the bond. The State argued that section 903.133, Florida Statutes (1989), prohibited the release of the defendant on bond after conviction. Although we note that the State may have previously attempted to waive the statutory requirement against bond in similar circumstances, 1 we agree with the State that such bond is prohibited. Section 903.133, Florida Statutes (1989) provides: [N]o person adjudged guilty of a felony of the first degree for a violation of ......
CopyPublished | Supreme Court of Florida | 1983 Fla. LEXIS 2293
pending his appeal because of the provisions of section
903.133, Florida Statutes (1981). Ojeda contends that
CopyPublished | Florida 3rd District Court of Appeal
...A trial court’s authority to grant post-trial release is governed by Rule
3.691(a), which provides in pertinent part:
A defendant who has been sentenced for the commission of any
non-capital offense for which bail is not prohibited under section
903.133, Florida Statutes, may be released, pending review of
the conviction, at the discretion of either the trial or appellate
court, applying the principles enunciated in Younghans v....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1087, 1987 Fla. App. LEXIS 7826
...released on his own recognizance pending an appeal by the State, unless the lower tribunal for good cause stated in an order determines otherwise.” The trial court denied Jimenez’s motion to be released on his own recognizance on the ground that Section
903.133, Florida Statutes (1985), precludes any form of release at this stage of the proceedings. 1 Section
903.133 provides: “Notwithstanding the provisions of §
903.132, no person adjudged guilty of a *1258 felony of the first degree for a violation of ......
...it is a legislative function — and thus the proper subject of a statute — to declare what persons are entitled to bail. Palladino v. Turner,
263 So.2d 206 (Fla.1972); Greene v. State,
238 So.2d 296 (Fla.1970). The Legislature’s declaration in Section
903.133 that persons adjudged guilty of trafficking in cocaine cannot be admitted to bail pending review has been held to be a valid exercise of legislative power against the attack that the statute unconstitutionally encroaches upon the rule-making power of the Florida Supreme Court. Hart v. State,
405 So.2d 1048 (Fla. 4th DCA 1981). The defendant argues that the order granting him a new trial after an adjudication of his guilt effectively erases any adjudication and makes Section
903.133 inapplicable....
