Selph v. State

District Court of Appeal of Florida

Selph v. State

553 So. 2d 344, 14 Fla. L. Weekly 2782, 1989 Fla. App. LEXIS 6745, 1989 WL 146192

CourtDistrict Court of Appeal of Florida

DecidedDecember 6, 1989

DocketNo. 89-0779

StatusPublished

This text of 553 So. 2d 344 (Selph 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.

Bluebook

Selph v. State, 553 So. 2d 344, 14 Fla. L. Weekly 2782, 1989 Fla. App. LEXIS 6745, 1989 WL 146192 (Fla. Ct. App. 1989).

Pincite

Opinions

GARRETT, Judge.

AFFIRMED. Appellant seeks review of the trial court’s revocation of the bail posted during appeal of his capital felony conviction for sexual battery of a child eleven years of age or younger.

In November of 1987, relying on Nussdorf v. State, 495 So.2d 819 (Fla. 4th DCA 1986), rev. denied, 503 So.2d 328 (Fla.1987), the trial court set bail which led to appellant’s postconviction release. In December of 1988, the Florida Supreme Court in Batie v. State, 534 So.2d 694 (Fla.1988), disapproved of Nussdorf and held that “it was the intent of the legislature and (the) court to deny postconviction bail to a person convicted of sexual battery upon a child of the age of eleven years or younger.” In January of 1989, the trial court granted the state’s motion to revoke appellant’s bond.

We reject appellant’s argument that Batie should not be applied retroactively. Lowry v. Parole and Probation Commission, 473 So.2d 1248 (Fla.1985). Nor are we persuaded that appellant’s financially detrimental reliance upon the original bail order should preclude revocation. Whatever the cost, appellant was compensated with fourteen months of unwarranted “freedom.”

ANSTEAD, J., concurs. GLICKSTEIN, J., dissents with opinion.

Free access — add to your briefcase to read the full text and ask questions with AI

GARRETT, Judge.

AFFIRMED. Appellant seeks review of the trial court’s revocation of the bail posted during appeal of his capital felony conviction for sexual battery of a child eleven years of age or younger.

In November of 1987, relying on Nussdorf v. State, 495 So.2d 819 (Fla. 4th DCA 1986), rev. denied, 503 So.2d 328 (Fla.1987), the trial court set bail which led to appellant’s postconviction release. In December of 1988, the Florida Supreme Court in Batie v. State, 534 So.2d 694 (Fla.1988), disapproved of Nussdorf and held that “it was the intent of the legislature and (the) court to deny postconviction bail to a person convicted of sexual battery upon a child of the age of eleven years or younger.” In January of 1989, the trial court granted the state’s motion to revoke appellant’s bond.

We reject appellant’s argument that Batie should not be applied retroactively. Lowry v. Parole and Probation Commission, 473 So.2d 1248 (Fla.1985). Nor are we persuaded that appellant’s financially detrimental reliance upon the original bail order should preclude revocation. Whatever the cost, appellant was compensated with fourteen months of unwarranted “freedom.”

ANSTEAD, J., concurs. GLICKSTEIN, J., dissents with opinion.

Cite This Page — Counsel Stack

Bluebook (online)

553 So. 2d 344, 14 Fla. L. Weekly 2782, 1989 Fla. App. LEXIS 6745, 1989 WL 146192, Counsel Stack Legal Research, https://law.counselstack.com/opinion/selph-v-state-fladistctapp-1989.

Opinions

Related

Cite This Page — Counsel Stack