Smith v. State, 435 So. 2d 221 (Ala. Crim. App. 1983). · Go Syfert
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Smith v. State, 435 So. 2d 221 (Ala. Crim. App. 1983). Cases Citing This Book View Copy Cite
5 citation events across 1 distinct court.
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) State v. R.D.
Ala. Crim. App. · 1999 · confidence medium
I, § 16, Ala. Constitution of 1901, and Art. 8, United States Constitution] have been held by this court to be inapplicable to postcon-viction bail pending appeal. [Ex parte] Pace v. State, 45 Ala.App. 132 , 226 So.2d 676 (1969); Floyd v. State, 389 So.2d 967, 969 [967] (Ala.Cr.App.1980).” Smith v. State, 435 So.2d 221, 222 (Ala.Cr.App.1983).
cited Cited as authority (rule) Brown v. State
Ala. Crim. App. · 1993 · confidence medium
Smith v. State, 435 So.2d 221, 222 (Ala.Cr.App.1983).
Retrieving the full opinion text from the archive…
Don Alan Smith
v.
State.
1 Div. 497.
Court of Criminal Appeals of Alabama.
May 31, 1983.
435 So. 2d 221
David P. Vaughn, Spanish Fort, for appellant., Charles A. Graddick, Atty. Gen., and Ger-rilyn V. Grant, Asst. Atty. Gen., for appel-lee.
Taylor.
Cited by 4 opinions  |  Published
SAM W. TAYLOR, Judge.

The defendant pleaded guilty to violation of the Alabama Uniform Controlled Substances Act and was sentenced to five years’ imprisonment. He gave notice of appeal from his guilty plea and petitioned to lower his $10,000 bail pending appeal. The court after a hearing denied the petition.

I

Alabama Code § 12-22-170 (1975) admits convicted felons to bail pending appeal. No reference is made in this section to the amount of bail except that it be “in a sum to be fixed by the judge.... ” Counsel contends in brief that the appeal bond is excessive and hence violative of Article 8 of the United States Constitution and Article I, Sec. 16 of the Alabama Constitution 1901.

These constitutional provisions have been held by this court to be inapplicable to post-conviction bail pending appeal. Pace v. State, 45 Ala.App. 132, 226 So.2d 676 (1969); Floyd v. State, 389 So.2d 967, 969 (Ala.Cr.App.1980).

II

The appellant during colloquy with the court at the hearing on this motion made some reference to guidelines put for-' ward by the Supreme Court. The Discretionary Bond Schedule as set forth in Rule 2, Alabama Rules of Judicial Administration applies only to pretrial release and is, in any event, to be regarded only as a guide. See Comment, Rule 2, A.R.J.A. The trial judge did not err in the exercise of his discretion.

The judgment of the circuit court is affirmed.

AFFIRMED.

All the Judges concur.