SUPREME COURT DOCKET NO. 2006-367
State of Vermont } APPEALED FROM:
v. } District Court of Vermont,
} Unit No. 2, Rutland Circuit
} 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