Ghanem v. Crosby

District Court of Appeal of Florida

Ghanem v. Crosby

882 So. 2d 464, 2004 Fla. App. LEXIS 15685, 2004 WL 1946451

District Court of Appeal of Florida·Decided September 1, 2004·No. No. 4D04-3027·Published

Opinion

PER CURIAM.

The petitioner contends this court should grant relief and permit a trial court the discretion to impose bond pending disposition of a rule 3.850 motion for postcon-viction relief. We deny relief and emphatically state no such discretion is available to trial courts in this regard.

Neither the rules of criminal or appellate procedure nor the Florida Statutes permit a trial court to exercise any discretion in admitting to bail a person who has had a conviction and sentence affirmed on appeal.

STONE, WARNER and STEVENSON, JJ., concur.

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PER CURIAM.

The petitioner contends this court should grant relief and permit a trial court the discretion to impose bond pending disposition of a rule 3.850 motion for postcon-viction relief. We deny relief and emphatically state no such discretion is available to trial courts in this regard.

Neither the rules of criminal or appellate procedure nor the Florida Statutes permit a trial court to exercise any discretion in admitting to bail a person who has had a conviction and sentence affirmed on appeal.

STONE, WARNER and STEVENSON, JJ., concur.

Ghanem v. Crosby, 882 So. 2d 464, 2004 Fla. App. LEXIS 15685, 2004 WL 1946451 (Fla. Ct. App. 2004).

Pincite

882 So. 2d 464 (Ghanem v. Crosby) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.