ENTRY ORDER

 

                                         SUPREME COURT DOCKET NO. 2006-367

                                                                             

                                                         SEPTEMBER TERM, 2006

 

 

State of Vermont                                                    }             APPEALED FROM:

}

}

     v.                                                                      }             District Court of Vermont,

}             Unit No. 2, Rutland Circuit

Demetrius Manassa                                                }

}             DOCKET NO. 1401-8-06 Rdcr

 

 

 

                                          In the above-entitled cause, the Clerk will enter:

 

            Defendant Demetrius Manassa appeals from the district court=s order imposing bail of $75,000 cash or surety.  At defendant=s arraignment on August 22, 2006, the court set bail at $150,000 without hearing.  Upon motion by the defendant, the court reduced bail to $75,000 cash or surety following a hearing on August 28, 2006.  Pursuant to this court=s authority under 13 V.S.A. ' 7554, defendant now appeals that orderCclaiming excessive bail in violation of the Vermont Constitution, Chapter II, ' 40Cand asks the Court to reduce bail to $1,000 cash or surety.

 

            This court must affirm the district court order Aif it is supported by the proceedings below@  13 V.S.A. ' 7556(b).  Upon review of the record, the Court agrees with the lower court=s determination that defendant is a flight risk, but finds that $75,000 bail is excessive given defendant=s age, his lack of criminal record, and the single charge of possession against him in this matter.  Based on the record and attorney=s representations on appeal, the Court reverses the district court=s order in part and finds that a reduced bail of $25,000 is sufficient to ensure defendant=s future appearance.

 

Bail is reduced to $25,000 cash or surety with all other conditions of release set by the district court to remain in place.

 

         

FOR THE COURT:

 

 

 

_______________________________________

Denise R. Johnson, Associate Justice