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Robert Neil JONES, Appellant/Petitioner(s), v. Carmine MARCENO, Sheriff of Lee County, Appellee/Respondent(s).
The petition for writ of habeas corpus is granted. The portion of the trial court's order setting the petitioner's bail at $250,000 per count is quashed as unreasonable. See Byrd v. Mascara, 197 So. 3d 1211 (Fla. 4th DCA2016) (holding “the fact that a defendant may have the resources to post the bond does not make the bond amount per se reasonable” when other factors listed in section 903.046(2) demonstrate that the bond is excessive and unreasonable). We note that the trial court made no factual findings and offered no explanation for its rulings, “making our review more difficult.” Knight v. State, 213 So. 3d 1019, 1021 (Fla. 1st DCA 2017).
Within three days of the date of this order, the trial court shall make a new determination of reasonable monetary bail and conditions of pretrial release, giving due consideration to the factors set out in section 903.046(2), Florida Statutes (2018). The parties may be given an opportunity to present additional evidence if the trial court deems it necessary. See Good v. Willie, 382 So. 2d 408, 411 (Fla. 4th DCA 1990).
BY ORDER OF THE COURT:
MORRIS, SALARIO, and ROTHSTEIN-YOUAKIM, JJ., Concur.
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Docket No: CASE NO.: 2D18-4144
Decided: November 09, 2018
Court: District Court of Appeal of Florida, Second District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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