CopyCited 65 times | Published | Supreme Court of Florida | 1996 WL 673822
...This rule is intended to eliminate practical difficulties that on occasion have frustrated the cause of justice, as in cases in which a defendant's attorney has not prepared a notice of appeal in advance of judgment. Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp.1976), and Florida Rule of Criminal Procedure 3.691....
CopyCited 51 times | Published | Supreme Court of Florida | 1996 WL 908661
...This rule is intended to eliminate practical difficulties that on occasion have frustrated the cause of justice, as in cases in which a defendant's attorney has not prepared a notice of appeal in advance of judgment. Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp.1976), and Florida Rule of Criminal Procedure 3.691....
CopyCited 19 times | Published | Supreme Court of Florida | 2000 WL 1508541
...This rule is intended to eliminate practical difficulties that on occasion have frustrated the cause of justice, as in cases in which a defendant's attorney has not prepared a notice of appeal in advance of judgment. Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp....
CopyCited 17 times | Published | Supreme Court of Florida
...ing appeal, [1] the trial court entered its written order reading in part as follows: "1. That the defendants are denied bail pending appeal by reason of Section
903.131, Florida Statutes [F.S.A.], (Chapter 69-307, Laws of Florida), [now codified as §
903.132 in the Official Florida Statutes, 1969] both defendants having previously been convicted of a felony....
...Mayo, [16] we decided that the habitual offender statutes [17] were not rendered ex post facto in effect by providing enhanced punishment for a subsequent offense because of convictions occurring prior to passage of the statutes. Although the rationale behind passage of Section 903.132 no doubt differs in some respects from that underlying the habitual offender act, the practical effect of each act an additional "punishment" because of past offenses is analogous, and we treat the two acts alike for purposes of determining whether the statute is ex post facto in effect. Neither the habitual offender act nor Section 903.132 is in any sense retroactive....
...But for the commission of the subsequent offense, the enhanced penalty would not be imposed." However in the case of these defendants, both felonies were committed before the statute's effective date. Each was convicted of a second felony after the effective date of the statute. Although both Section 903.132 and the habitual offender act depend upon conviction of the second or subsequent offense, as we noted in Cross, supra , the significant event as far as judging the ex post facto effect is the date of the offense rather than the conviction....
...that criminal which was not so at the time the action was performed, or which increases the punishment, or, in short, which in relation to the offense or its consequences, alters the situation of a party to his disadvantage.'" As to these defendants Section 903.132, Florida Statutes, F.S.A., was ex post facto in effect and should not have been relied upon in denying release on bail pending appeal....
...for further proceedings not inconsistent with this opinion. It is so ordered. ROBERTS, ADKINS and BOYD, JJ., concur. ERVIN, C.J., concurs specially with opinion. ERVIN, Chief Justice (concurring specially). Since the question of the validity of F.S. Section 903.132, F.S.A....
...State (Fla.),
123 So.2d 703, text 711, and Perkins v. State (Fla.),
228 So.2d 382, text 394, 395. Despite my preference for dismissal of the instant case on the grounds above stated, so far as concerns the decision on the merits, I concur in the judgment only to the extent it holds Section
903.132 an ex post facto enactment as sought to be applied to these petitioners....
CopyCited 16 times | Published | Supreme Court of Florida
...This rule is intended to eliminate practical difficulties which on occasion have frustrated the cause of justice, as where a defendant's attorney has not prepared a notice of appeal in advance of judgment. Consideration of such motions shall be in accordance with Section 903.132, Florida Statutes (Supp....
CopyCited 12 times | Published | Supreme Court of Florida
...This rule is intended to eliminate practical difficulties that on occasion have frustrated the cause of justice, as in cases in which a defendant's attorney has not prepared a notice of appeal in advance of judgment. Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp....
CopyCited 10 times | Published | Supreme Court of Florida
...1972), this Court had determined there could be no capital offense without capital punishment. The First District in Rowe also properly concluded that section
924.065(3) did not restore the discretion to the trial court to grant bail in the present situation. It read this provision in conjunction with section
903.132 and pointed out that, although in 1976 the legislature amended
903.132 and by a two-thirds vote repealed that portion of rule 3.691(a) which allowed the trial court discretion with regard to permitting post-conviction bail where a person has been previously convicted of a felony, it left intact that portion of r...
CopyCited 10 times | Published | Florida 1st District Court of Appeal
...Section
924.065(3), Florida Statutes (1979), states: "An appellant who has been sentenced to death shall not be released on bail." Presumably then, defendant argues, by implication all other appellants shall, or at least may be admitted to bail pending appeal. However, reading this section in pari materia with Section
903.132, Florida Statutes (1979), it is apparent that the legislature did not so intend. Prior to 1976, Rule 3.691 (1972) allowed the trial court discretion with regard to post conviction bail even if the person previously had been convicted of a felony. The legislature, in 1974, attempted to eliminate this discretion by Section
903.132 prohibiting the release on bail of an appellant who had previously been convicted of a felony....
CopyCited 9 times | Published | Supreme Court of Florida
...The trial court's denial of bond precipitated Gallie's petition for a writ of habeas corpus in this Court, asking that we allow and set bond for him. We have jurisdiction. Article V, Section 3(b)(6), Florida Constitution. The state objected to any bond for Gallie on the basis of Section 903.132(1), Florida Statutes (1977), and Florida Rule of Criminal Procedure 3.691(a), both of which provide that bond pending an appeal is not available to one convicted of a felony who has previously been convicted of another felony, and whose civil rights have not been restored....
...The state argues that Escandar was wrongly decided, but that even if correct it is inapplicable here because fundamentally different principles and policy considerations apply when bail is sought after the accused has been adjudicated guilty of a second or subsequent felony. We agree. The predecessor to Section 903.132(1) [21] was the object of an unsuccessful attack in Greene v....
...orida's statutory bifurcated insanity proceeding, State ex rel. Boyd v. Green,
355 So.2d 789 (Fla. 1978), and upholding the statutory scheme regulating the practice of massage for a fee, State v. Bales,
343 So.2d 9 (Fla. 1977). It is undeniable that Section
903.132(1) and Rule 3.691(a) create an irrebuttable presumption in the sense that they establish one state of facts (a felony conviction for one previously convicted of a felony whose civil rights have not been restored) as conclusive proof o...
...more lenient "reasonableness" *944 criterion announced in Weinberger, and in that regard we have no doubt that the statute and rule challenged here represent a rational means of achieving a legitimate governmental objective. The legislature enacted Section 903.132 for the express purpose of providing "a means of protecting the citizens of this state from repeat offenders." [33] In Greene v....
...endants for purposes of determining entitlement to bail pending appeal, and that the legislature could establish an irrebuttable presumption that these persons as a class represent an unreasonable bail risk so as to be denied bail without a hearing. Section 903.132(1) and Rule 3.691(a) are constitutionally valid....
...*945 The relief requested by Gallie must, therefore, be denied, and the writ of habeas corpus previously issued in this cause is discharged. It is so ordered. BOYD, OVERTON and ALDERMAN, JJ., concur. ADKINS and HATCHETT, JJ., concur in result only. NOTES [1] Section
903.132(1), as amended by Chapter 76-138, Laws of Florida, and Rule 3.691(a), as amended in The Florida Bar re Florida Rules of Criminal Procedure,
343 So.2d 1247, 1262 (Fla....
...State,
275 So.2d 52 (Fla. 2d DCA 1973), cert. denied,
419 U.S. 1031,
95 S.Ct. 513,
42 L.Ed.2d 306 (1974). [18]
441 F. Supp. at 59. [19] Id. at 59-60. [20] Id. at 59. [21] §
903.131, Fla. Stat., enacted by Ch. 69-307, Laws of Fla., and codified as §
903.132, Fla....
...ute because bail is a procedural matter. Rolle v. State,
314 So.2d 624 (Fla. 1st DCA 1975); Bamber v. State,
300 So.2d 269 (Fla. 2d DCA 1974). It was expressly in response to these decisions that the legislature enacted Chapter 76-138, which revised Section
903.132 into its present form and repealed Rules 3.130(a) and 3.691(a) "insofar as they are inconsistent with" the amended statute....
CopyCited 6 times | Published | Florida 4th District Court of Appeal
...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....
...irst degree. The Legislature has gone no further in passing the statute here attacked. Section
903.131 does not suffer the infirmity of violating the separation of powers doctrine. (Footnotes omitted).
238 So.2d at 299. The statute, by then numbered Section
903.132, was again upheld in Palladino v....
...Turner,
263 So.2d 206 (Fla. 1972). *1051 Later in 1972, the Florida Supreme Court promulgated Florida Rule of Criminal Procedure 3.691. In Re Florida Rules of Criminal Procedure,
272 So.2d 65 (Fla. 1972). Rule 3.691 (and Rule 3.130(a)) appeared to be in conflict with Section
903.132 insofar as the rule made the denial of bail on appeal to convicts with prior felony convictions whose civil rights have not been restored discretionary, whereas the statute made the denial of bail to such individuals mandatory....
...r bail should be granted (to a probationer subsequently arrested on a felony charge), this portion of the statute is superseded by Rule 3.790, Fla.Cr.P.R."
288 So.2d 497. [3] The legislature reacted to the Bamber decision by enacting an amendment to Section
903.132 which specifically provided not only for the denial of bail on appeal to previously convicted felons but also provided: Section 2. Rules 3.130(a) and 3.691(a), Florida Rules of Criminal Procedure, are hereby repealed insofar as they are inconsistent with the provisions of s.
903.132, Florida Statutes, as amended by section 1 of this act....
...of the membership of each house of the Legislature. In The Florida Bar Re Florida Rules of Criminal Procedure,
343 So.2d 1247 (Fla. 1977), the Florida Supreme Court amended both Rules 3.691 and 3.130(a) to conform to to the legislature's revision of Section
903.132. In Gallie v. Wainwright,
362 So.2d 936 (Fla. 1978), it was held that Section
903.132 and the new Rule 3.691(a) did not unconstitutionally deny either due process or equal protection of the law by denying bail to those convicted felons whose records reveal an earlier felony conviction for which civil rights have not been restored....
...[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. Bail on appeal; prohibited for certain drug convictions. Notwithstanding the provisions of s.
903.132, no person adjudged guilty of a first-degree felony for a violation of s....
...Heyd,
408 F.2d 7 (5th Cir. 1969). In any event, we have previously considered and rejected both of these contentions in Greene v. State,
238 So.2d 296 (Fla. 1970).
362 So.2d at 939. 21. §
903.131, Fla. Stat., enacted by Ch. 69-307, Laws of Fla., and codified as §
903.132, Fla....
...ute because bail is a procedural matter. Rolle v. State,
314 So.2d 624 (Fla. 1st DCA 1975); Bamber v. State,
300 So.2d 269 (Fla. 2d DCA 1974). It was expressly in response to these decisions that the legislature enacted Chapter 76-138, which revised Section
903.132 into its present form and repealed Rules 3.130(a) and 3.691(a) "insofar as they are inconsistent with" the amended statute....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...Upon being convicted of a felony, and after having filed a notice of appeal therefrom, appellant moved for the setting of bail pending the appeal. The trial judge denied said motion saying: "ORDERED AND ADJUDGED that the defendant's Motion is hereby denied pursuant to Florida Statute 903.132." Section 903.132, F.S.A....
...ly been convicted of a felony. In any case, appellant does not deny that the instant felony conviction is a second or subsequent felony conviction, so for purposes hereof we will assume the situation contemplated by the statute. The point is whether Section 903.132, supra, is mandatory or whether the denial of bail pending appeal is discretionary with the court limited only by the discipline of Younghans v....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 2006 WL 708574
...of Weinberger and determined that the rule and statute represented a reasonable means of attaining a rational legislative objective. In an analysis which could mirror the arguments made in this case, the Gallie court stated: The legislature enacted Section 903.132 for the express purpose of providing "a means of protecting the citizens of this state from repeat offenders." In Greene v....
CopyCited 4 times | Published | Florida 1st District Court of Appeal
...Robert L. Shevin, Atty. Gen., and Donald K. Rudser, Asst. Atty. Gen., for appellee. PER CURIAM. This is a motion for review of the trial court's denial of bail pending appeal. The only ground stated in the order denying bail was that bail is prohibited by § 903.132, Florida Statutes, appellant having previously been convicted of a felony. § 903.132 provides as follows: "No person may be admitted to bail upon appeal from a conviction of a felony if such person has previously been convicted of a felony, the commission of which occurred prior to the commission of the subsequent felony, and such person's civil rights have not been restored." In Bamber v....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 1995 WL 29051
...We are not convinced, however, that we should encourage our colleagues to recede from Wheeler. We are troubled with the First District's reasoning because it could sometimes require a defendant to be incarcerated for a firearms offense before the successful conclusion of an appeal of the underlying offense. [3] See § 903.132, Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal
...The holding in the Greene opinion is clearly distinguishable because the court there pointed out: * * * * * * "However in the case of these defendants, both felonies were committed before the statute's effective date. Each was convicted of a second felony after the effective date of the statute. Although both Section 903.132 and the habitual offender act depend upon conviction of the second or subsequent offense, as we noted in Cross, supra , the significant event as far as judging the ex post facto effect is the date of the offense rather than the conviction....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...ost facto prohibition if it is both retrospective and is more onerous than the law in effect on the date of the offense. Weaver. In Greene v. State,
238 So.2d 296 (Fla. 1970), the appellant was denied bail pending appeal. The trial court relied upon section
903.132, Florida Statutes which denies bail pending appeal to any person who "has previously been convicted of a felony, the commission of which occurred prior to the commission of the subsequent felony... ." 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....
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 10 Fla. L. Weekly 28
...e, nor has it done so to this day, so far as we know. The trial court denied Ferguson's motion for post-trial release pending appeal. It is clear from the proceedings of September 22, 1983, that the basis of the denial was a prior felony conviction. Section 903.132(1), Florida Statutes (1983), and Rule 3.691, Florida Rules of Criminal Procedure, preclude post-trial release on bail when a person has previously been convicted of a felony committed prior to the felony of which he now stands convict...
CopyCited 1 times | Published | Supreme Court of Florida | 1978 Fla. LEXIS 4910
ALDERMAN, Justice. This cause is before us on direct appeal by the defendant, Teddy Warren Kelly, to review the order of the trial judge denying his request for bond pending appeal and upholding the constitutionality of Section 903.132, Florida Statutes (1976 Supp.), which prohibits the granting of bail on appeal to a person convicted of a felony when other felony charges are pending against him and where probable cause has been found, at the time request for bail is made, that he has committed the felony or felonies....
...We agree with the trial court that this statute and rule are constitutional. Kelly filed a motion for setting bail pending appeal with the Circuit Court, in and for Escambia County, and alleged, among other things, that the provisions of Fla.R. Crim.P. 3.691(a) and Section 903.132 are violative of the Fifth and Fourteenth *946 Amendments, United States Constitution, and Article I, Sections 5 and 9, Florida Constitution....
...Finding that probable cause has been found on other felony charges pending against Kelly and holding that Section 903.-132 and Fla.R.Crim.P. 3.691(a), which clearly prohibit the court from granting bail in this case, are constitutional, the trial court denied Kelly’s motion for bond pending appeal. Section 903.132, Florida Statutes (1976 Supp.), provides: (1) No person may be admitted to bail upon appeal from a conviction of a felony unless the defendant establishes that the appeal is taken in good faith, on grounds fairly debatable, and not frivolous....
...bail pending appeal must be exercised within the guidelines established by case law and adopted by court rule, Baker v. State,
213 So.2d 285 (Fla. 4th DCA 1968). In Greene v. State,
238 So.2d 296 (Fla.1970), we upheld the constitutional validity of Section
903.132, Florida Statutes (1969), which denied bail on appeal from conviction of a felony to persons previously convicted of a felony and found that this statute was neither arbitrary nor discriminatory since it was based upon, among other gr...
...rcise of judicial discretion grant release on bail in some eases and deny it in others, as long as the state acts reasonably and not arbitrarily or discriminatorily.
238 So.2d at 299 . The rationale enunciated in Greene for upholding the validity of Section
903.132, Florida Statutes (1969), is likewise applicable to the provision in Section
903.132, Florida Statutes (1976 Supp.), with which we are now dealing. Accordingly, we find that Section
903.132, Florida Statutes (1976 Supp.), and Fla.R....
CopyCited 1 times | Published | Supreme Court of Florida
...This rule is intended to eliminate practical difficulties which on occasion have frustrated the cause of justice, as where a defendant's attorney has not prepared a notice of appeal in advance of judgment. Consideration of such motions shall be in accordance with Section 903.132, Florida Statutes (Supp....
CopyPublished | Florida 2nd District Court of Appeal | 1977 Fla. App. LEXIS 16449
...tion. ' Defendant cites Bamber v. State,
300 So.2d 269 (Fla. 2d DCA 1974) and Rolle v. State,
314 So.2d 624 (Fla. 1st DCA 1975), in support of his position. These cases, however, are ntí longer applicable. Both involve a conflict between the former Section
903.132, Florida Statutes (1974) and former Rule 3.691(a), and were decided on the basis that the legislature cannot deprive the court of its discretion to determine whether bail should be granted pursuant to a rule of criminal procedure....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 922, 2002 Fla. LEXIS 2271, 2002 WL 31426247
...This rule is intended to eliminate practical difficulties that on occasion have frustrated the cause of justice, as in cases in which a defendant’s attorney has not prepared a notice of appeal in advance of judgment. Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp....
CopyPublished | Florida 1st District Court of Appeal | 1990 Fla. App. LEXIS 8899, 1990 WL 181567
...licable statutory provisions and, if so, to set an appropriate bond. The controlling statutory provision and rule both contemplate that the trial court is the original forum to entertain a request for post-trial release during appeal. See Fla. Stat. § 903.132 (2) and Fla.R.App.P....
CopyPublished | Florida 5th District Court of Appeal | 1995 Fla. App. LEXIS 11469, 1995 WL 654464
...Florida Rule of Criminal Procedure 3.691(a) precludes bail pending appeal, inter aha, “if such person [the defendant] has previously been convicted of a felony, the commission of which occurred prior to the commission of the subsequent felony, and the person’s civil rights have not been restored-” Id.; § 903.132, Fla.Stat....
CopyPublished | Supreme Court of Florida | 1972 Fla. LEXIS 3594
statutory limitations on bail, including Fla.Stat. §
903.132, F.S.A., as may be applicable. It is so ordered
CopyPublished | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 20496
review of Rule 3.691 and its relationship with section
903.132, Florida Statutes (1981), we construe the above-mentioned
CopyPublished | Florida 5th District Court of Appeal | 1999 Fla. App. LEXIS 109, 1999 WL 2694
PER CURIAM. We grant the motion for review. The trial judge determined that post-trial release was absolutely prohibited under Florida Rule of Criminal Procedure 3.691(a) and section 903.132(1), Florida Statutes (1997), because appellant had previously been convicted of three felonies....
CopyPublished | District Court, S.D. Florida | 1981 U.S. Dist. LEXIS 10512
...at 59-60 , citations omitted. Petitioner’s reliance on Escandar and the irrebuttable presumption doctrine is not well founded. The Florida Supreme Court in Gallie v. Wainwright,
362 So.2d 936 (Fla.1978), correctly rejected the argument that Rule 3.691(a) and Section
903.132(1), Florida Statutes (1977) 3 were unconstitutional....
CopyPublished | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 18996
...The state contends that the issue of appellant’s entitlement to bail on appeal has been rendered moot because additional felony charges have now been filed against appellant and probable cause found that appellant committed those offenses. Under these circumstances, the state contends, Section 903.132, Florida Statutes (1981) and Florida Rule of Criminal Procedure 3.691(a) prohibit bail pending appeal. The appellant concedes that new felony charges have been filed but contends that Rule 3.691(a) and Section 903.132 apply only when new felony charges are filed and probable cause established before a motion for bail pending appeal is filed in the trial court. Rule 3.691(a) and Section 903.132 provide that: (1) No person may be admitted to bail upon appeal from a conviction of a felony unless the defendant establishes that the appeal is taken in good faith, on grounds fairly debatable, and not frivolous....
CopyPublished | District Court of Appeal of Florida | 1980 Fla. App. LEXIS 15541
SHARP, Judge. The Petitioner filed a Petition for Writ of Habeas Corpus with this Court. He argues that the trial judge denied him bail under section 903.132, Florida Statutes (1979), and Rule 3.691(a) of the Florida Rules of Criminal Procedure, because of his previous felony conviction, and that as applied to him, the statute and rule are unconstitutional “ex post facto” laws....
CopyPublished | Supreme Court of Florida | 27 Fla. L. Weekly Supp. 730, 2002 Fla. LEXIS 1810, 2002 WL 1981372
...This rule is intended to eliminate practical difficulties that on occasion have frustrated the cause of justice, as in cases in which a defendant’s attorney has not prepared a notice of appeal in advance of judgment. Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp....
CopyPublished | Supreme Court of Florida | 30 Fla. L. Weekly Supp. 231, 2005 Fla. LEXIS 614, 2005 WL 774382
...This rule is intended to eliminate practical difficulties that on occasion have frustrated the cause of justice, as in cases in which a defendant’s attorney has not prepared a notice of appeal in advance of judgment. Consideration of such motions shall be in accordance with section 903.132, Florida Statutes (Supp....
CopyPublished | District Court of Appeal of Florida | 12 Fla. L. Weekly 1087, 1987 Fla. App. LEXIS 7826
...d 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 ......
