(Download) "State V. Paul" by Florida Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: State V. Paul
- Author : Florida Supreme Court
- Release Date : January 29, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
We have for review the opinion in Paul v. Jenne, 728 So. 2d 1167 (Fla. 4th DCA 1999), which certified conflict with the opinion in Houser v. Manning, 719 So. 2d 307 (Fla. 3d DCA 1998), as to whether the trial courts have the inherent authority to deny a subsequent application for bail after a defendant breaches a bond condition, or whether the trial courts' discretion to deny a subsequent application for bail is circumscribed by the parameters established by the Legislature in section 907.041, Florida Statutes (1997). We have jurisdiction. See art. V, § 3(b)(4), Fla. Const. For the reasons explained in this opinion, including our conclusion that section 907.041 expressly addresses the circumstance of a defendant who breaches a bond condition or commits a new crime, we hold that a trial court's discretion to deny a subsequent application for bail is circumscribed by statute. *fn1