Larrinaga v. State

District Court of Appeal of Florida

Larrinaga v. State

554 So. 2d 1233, 1990 Fla. App. LEXIS 104, 1990 WL 1088

CourtDistrict Court of Appeal of Florida

DecidedJanuary 11, 1990

DocketNo. 89-2346

StatusPublished

This text of 554 So. 2d 1233 (Larrinaga v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Larrinaga v. State, 554 So. 2d 1233, 1990 Fla. App. LEXIS 104, 1990 WL 1088 (Fla. Ct. App. 1990).

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Opinion

GOSHORN, Judge.

Petitioner seeks habeas relief on the basis that the trial judge erred in imposing a $50,000 bond as a “condition of release” pursuant to section 907.041(4)(i), Florida Statutes (1987).

Florida Statutes, section 907.041(4)(i) provides:

If ordered detained pending trial pursuant to subparagraph (b) 4., the defendant may not be held for more than 90 days. Failure of the state to bring the defendant to trial within that time shall result

[1234]*1234in his release from detention, subject to any conditions of release, unless the trial delay was requested or caused by the defendant or his counsel.

At the hearing, it was established that the petitioner had previously fled from prosecution and was likely to do so again. The judge properly imposed a $50,000 bond on the petitioner as a “condition of release” in order to assure the petitioner’s presence at trial. See Fla.R.Crim.P. 3.131(b)(1).

PETITION DENIED.

DAUKSCH and W. SHARP, JJ., concur.

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