McClover v. State

District Court of Appeal of Florida

McClover v. State

126 So. 3d 1178, 2012 WL 3711512, 2012 Fla. App. LEXIS 14490

CourtDistrict Court of Appeal of Florida

DecidedAugust 29, 2012

DocketNo. 4D12-270

StatusPublished

This text of 126 So. 3d 1178 (McClover v. State) 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.

Bluebook

McClover v. State, 126 So. 3d 1178, 2012 WL 3711512, 2012 Fla. App. LEXIS 14490 (Fla. Ct. App. 2012).

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Opinion

On Motion fob Review of Order Denying Post-Trial Release

PER CURIAM.

We grant review of the trial court’s order denying movant Toccara McClover’s bond pending appeal of her conviction of felony retail theft. Neither the trial court’s order nor the transcript of the [1179]*1179June 13, 2012 hearing reflect that the trial court considered the criteria for post-conviction bond set forth in Younghans v. State, 90 So.2d 308 (Fla.1956). See Fla. R.Crim. P. 3.691(a). The trial court’s order denying bond did not “set forth the factual basis on which the decision was made and the reasons therefor.” Fla. R.App. P. 9.140(h)(3). We remand to the trial court for a new bond hearing.

Motion granted and remanded for further proceedings.

WARNER, POLEN and TAYLOR, JJ., concur.

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On Motion fob Review of Order Denying Post-Trial Release

PER CURIAM.

We grant review of the trial court’s order denying movant Toccara McClover’s bond pending appeal of her conviction of felony retail theft. Neither the trial court’s order nor the transcript of the [1179]*1179June 13, 2012 hearing reflect that the trial court considered the criteria for post-conviction bond set forth in Younghans v. State, 90 So.2d 308 (Fla.1956). See Fla. R.Crim. P. 3.691(a). The trial court’s order denying bond did not “set forth the factual basis on which the decision was made and the reasons therefor.” Fla. R.App. P. 9.140(h)(3). We remand to the trial court for a new bond hearing.

Motion granted and remanded for further proceedings.

WARNER, POLEN and TAYLOR, JJ., concur.

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Bluebook (online)

126 So. 3d 1178, 2012 WL 3711512, 2012 Fla. App. LEXIS 14490, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcclover-v-state-fladistctapp-2012.

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