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Luyao v. Mascara

Citations: 815 So. 2d 748; 2002 WL 971717Docket: 4D02-1550

Court: District Court of Appeal of Florida; May 3, 2002; Florida; State Appellate Court

Narrative Opinion Summary

Petitioner Asuncio Luyao, a medical doctor, was arrested on multiple charges related to the illegal sale or delivery of drugs. The trial court set bail based on a local bond schedule, which resulted in a total bail amount of $1,890,000. Luyao filed a petition for a writ of habeas corpus, arguing that this bail amount was excessive considering his financial circumstances. The District Court of Appeal of Florida, Fourth District, agreed, stating that excessive bail is equivalent to no bail, referencing the case Alvarez v. Crowder. Consequently, the court granted the petition and ordered a reassessment of bail to determine a reasonable amount. Judges Gunther, Klein, and Hazouri concurred with this decision.

Legal Issues Addressed

Excessive Bail Under Eighth Amendment

Application: The court determined that the bail amount set for Asuncio Luyao was excessive in relation to his financial circumstances, thereby violating the principle that excessive bail is equivalent to no bail.

Reasoning: The District Court of Appeal of Florida, Fourth District, agreed, stating that excessive bail is equivalent to no bail, referencing the case Alvarez v. Crowder.

Reassessment of Bail

Application: The court ordered a reassessment of the bail to ensure it was set at a reasonable amount considering the petitioner's financial situation.

Reasoning: Consequently, the court granted the petition and ordered a reassessment of bail to determine a reasonable amount.