Salvatore Charles Grech v. E. W. Purdy, as Sheriff of Metropolitan Dade County

Fifth Circuit

Salvatore Charles Grech v. E. W. Purdy, as Sheriff of Metropolitan Dade County

426 F.2d 304, 1970 U.S. App. LEXIS 9002

Court of Appeals for the Fifth Circuit·Decided May 28, 1970·No. 29184·Published·Cited by 5 cases

Opinion

PER CURIAM:

Appellant was convicted in a Florida state court of robbery, breaking and entering with intent to commit a felony, and aggravated assault. 1 He was sentenced to 15 years. He was then denied a supersedeas bond pending appeal by the sentencing court and by the appropriate Florida appellate court.

We agree with the district court that appellant was not denied bond because of a non-existent state statute or that the state court otherwise abused its discretion in denying the appeal bond. There is no absolute right to bond pending appeal. See U. S. ex rel. Fink v. Heyd, 5 Cir., 1969, 408 F.2d 7; Sellers v. Georgia, 5 Cir., 1967, 374 F.2d 84. No federal constitutional question having been presented, the petition for writ of habeas corpus was thus due to be denied.

Affirmed.

1

. We dispose of this case on the briefs and record, without oral argument, as provided by our Local Rule 18.

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PER CURIAM:

Appellant was convicted in a Florida state court of robbery, breaking and entering with intent to commit a felony, and aggravated assault. 1 He was sentenced to 15 years. He was then denied a supersedeas bond pending appeal by the sentencing court and by the appropriate Florida appellate court.

We agree with the district court that appellant was not denied bond because of a non-existent state statute or that the state court otherwise abused its discretion in denying the appeal bond. There is no absolute right to bond pending appeal. See U. S. ex rel. Fink v. Heyd, 5 Cir., 1969, 408 F.2d 7; Sellers v. Georgia, 5 Cir., 1967, 374 F.2d 84. No federal constitutional question having been presented, the petition for writ of habeas corpus was thus due to be denied.

Affirmed.

1

. We dispose of this case on the briefs and record, without oral argument, as provided by our Local Rule 18.

Salvatore Charles Grech v. E. W. Purdy, as Sheriff of Metropolitan Dade County, 426 F.2d 304, 1970 U.S. App. LEXIS 9002 (5th Cir. 1970).

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Opinion

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