SEWELL v. STATE (2019)

District Court of Appeal of Florida, Second District.

Alan Dale SEWELL, Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D19-4285

Decided: November 19, 2019

The petitioner's petition for writ of habeas corpus is granted. The order setting bail at $1,221,000 is quashed as excessive and tantamount to no bail. The trial court failed to give due consideration to the petitioner's financial circumstances. See Cameron v. McCampbell, 704 So. 2d 721, 722-23 (Fla. 4th DCA 1998). Further, the trial court's finding that the petitioner's release poses a danger to the community due to the alleged use of the internet in connection with the charges is insufficient to justify the bond imposed. See Narducci v. State, 952 So. 2d 622, 624 (Fla. 4th DCA 2007). The trial court shall forthwith make a new determination of reasonable bail and pretrial conditions, giving due consideration to the factors set out in section 903.046(2), Florida Statutes (2019). 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, BLACK, and ATKINSON, JJ., Concur.

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