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Grech v. E.W. Purdy

United States Court of Appeals, Fifth Circuit
May 28, 1970
426 F.2d 304 (5th Cir. 1970)

Opinion

No. 29184 Summary Calendar.

May 28, 1970.

Leonard Moriber, Miami, Fla., for appellant.

Earl Faircloth, Atty. Gen., State of Florida, Richard E. Gerstein, State Atty., Miami, Fla., for appellee.

Before BELL, AINSWORTH, and GODBOLD, Circuit Judges.


Appellant was convicted in a Florida state court of robbery, breaking and entering with intent to commit a felony, and aggravated assault. 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 dispose of this case on the briefs and record, without oral argument, as provided by our Local Rule 18.

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.


Summaries of

Grech v. E.W. Purdy

United States Court of Appeals, Fifth Circuit
May 28, 1970
426 F.2d 304 (5th Cir. 1970)
Case details for

Grech v. E.W. Purdy

Case Details

Full title:Salvatore Charles GRECH, Petitioner-Appellant v. E.W. PURDY, as Sheriff of…

Court:United States Court of Appeals, Fifth Circuit

Date published: May 28, 1970

Citations

426 F.2d 304 (5th Cir. 1970)

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