Legal Opinion · Dissent

Evans v. State

District Court of Appeal of Florida

Decided December 19, 2003No. 1D03-5088Published

1DissentBooth, J.

I would affirm the trial court’s order denying bond pending appeal by this convicted possessor of child pornography. The trial court is afforded discretion in deciding to deny bail pending review. Boles v. State, 388 So.2d 581 (Fla. 5th DCA 1980). I agree with the reasons set forth in the trial court’s order for denying bail, and further note there is sufficient evidence to support the trial court’s finding that appellant poses a danger in the community to children.

The trial court was aware that appellant was in contact with a specific child (who was approximately 12 years old), and that the…

2Cases cited2 opinions

  1. Younghans v. StateSupreme Court of Florida · 1956
  2. Boles v. StateDistrict Court of Appeal of Florida · 1980

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