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Parker v. State3/27/2003
We have for review Parker v. State, 780 So. 2d 210 (Fla. 4th DCA 2001), wherein the district court expressly declared valid a state statute. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. We affirm.
I. FACTS
Parker was arrested June 27, 2000, and charged with aggravated fleeing and eluding, resisting arrest without violence, and driving with a suspended license. He posted a $2700 bond and was released. He subsequently was arrested on August 24, 2000, for possession of cocaine with intent to sell and possession of marijuana. He posted a $2500 bond and was released. At the status conference on the June 27 case, the State notified the court of the second arrest and asked the court to revoke Parker's bond in the first case. Defense counsel objected and the following colloquy took place:
MR. KIRSCH: I'm asking you to revoke his bond on this case.
MS. ESTRUMSA: Judge, I received absolutely no notice of this. I believe the State's required as your Honor is aware to give at least three hours notice so that I can prepare something.
THE COURT: Not with - the statutes. Reading the statute the Court can do it on its own based on reading it in chambers. I don't have to receive any motion; I don't have to receive any offer, just finding there is probable cause.
I'm finding there is probable cause for the new arrest. I have read the probable cause affidavit. The Court finds there is probable cause. The Court is revoking the bond. He can file any motion to set bond.
THE DEFENDANT: Your Honor, I won't be able to re-bond out.
THE COURT: You're being held on a no bond hold on the case once I revoke that bond.
THE DEFENDANT: What?
MS. ESTRUMSA: Judge, at this time for the record I would object. The State has provided absolutely no notice prior to doing this ore tenus motion, has not filed any written motion.
They have not given me an opportunity to have any heads up about this revoking of bonds, nor am I able to provide a written motion myself.
At this time Mr. Parker has employment. He is going to lose his job if your Honor should revoke his bond. He has made it to today's court date. There is absolutely no reason to revoke his bond at this time other than the fact he picked up a new charge.
As your Honor knows he is presumed innocent of these charges until proven by the State that he is guilty beyond a reasonable doubt. I ask that you reconsider your revoking of the bond at this time, your Honor.
THE COURT: The reason why the bond is being revoked is because the court finds there is probable cause for the new arrest. The State gives the Court the authority to do that. That's what I'm doing. On this case the calendar call is November 9th. The trial date is November 13th.
Parker was remanded into custody without bond. He later filed a motion to reconsider the bond revocation, contending that section 903.0471, Florida Statutes (2000), is unconstitutional. The court on October 12 and 17, 2000, conducted hearings on the motion, held the statute constitutional, and denied the motion. Parker filed a petition for a writ of habeas corpus in the district court; the court denied the petition. Parker sought review before this Court.
The issue posed in the present case is whether section 903.0471, Florida Statutes (2000), is constitutional. At the hearing on October 17, 2000, the trial court heard argument of counsel concerning the constitutionality of section 903.0471 and declared the statute constitutional. No evidence was adduced and the trial court made no findings of fact. Its ruling thus constitutes a pur
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