Degolyer v. Wainwright

District Court of Appeal of Florida

Degolyer v. Wainwright

318 So. 2d 518, 1975 Fla. App. LEXIS 15219

CourtDistrict Court of Appeal of Florida

DecidedSeptember 9, 1975

DocketNo. Z-293

StatusPublished

Cited by1 cases

This text of 318 So. 2d 518 (Degolyer v. Wainwright) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Degolyer v. Wainwright, 318 So. 2d 518, 1975 Fla. App. LEXIS 15219 (Fla. Ct. App. 1975).

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Opinion

PER CURIAM.

By petition for writ of habeas corpus, Degolyer seeks review of the trial court’s order denying him bail pending appeal. Petition for writ of habeas corpus is not the proper method to seek review of the trial court’s order; the proper method is by motion. Rule 6.1S, subd. d., Florida Appellate Rules. We will construe the petition as a motion, and rule on the motion.

On authority of Rolle v. State, 314 So.2d 624 (Fla.App. 1st, 1975), jurisdiction is relinquished to the trial court with directions [519]*519to comply with the requirements of Rule 3.691, Florida Rules of Criminal Procedure, and if bail pending appeal is denied, to enter the order denying same pursuant to said Rule and within IS days from the date hereof. The Clerk of the trial court is directed to forthwith forward a certified copy of said order to the Clerk of this Court.

BOYER, C. J., and MILLS and Mc-CORD, JJ., concur.

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PER CURIAM.

By petition for writ of habeas corpus, Degolyer seeks review of the trial court’s order denying him bail pending appeal. Petition for writ of habeas corpus is not the proper method to seek review of the trial court’s order; the proper method is by motion. Rule 6.1S, subd. d., Florida Appellate Rules. We will construe the petition as a motion, and rule on the motion.

On authority of Rolle v. State, 314 So.2d 624 (Fla.App. 1st, 1975), jurisdiction is relinquished to the trial court with directions [519]*519to comply with the requirements of Rule 3.691, Florida Rules of Criminal Procedure, and if bail pending appeal is denied, to enter the order denying same pursuant to said Rule and within IS days from the date hereof. The Clerk of the trial court is directed to forthwith forward a certified copy of said order to the Clerk of this Court.

BOYER, C. J., and MILLS and Mc-CORD, JJ., concur.

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318 So. 2d 518, 1975 Fla. App. LEXIS 15219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/degolyer-v-wainwright-fladistctapp-1975.

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