OSMAN LOPEZ v. THE STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: November 30, 2022
• Docket: 22-1837
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed November 30, 2022. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-1837 Lower Tribunal No. F14-26627 ________________

Osman Lopez, Appellant,

vs.

The State of Florida, Appellee.

An appeal from the Circuit Court for Miami-Dade County, Marisa Tinkler Mendez, Judge.

Gennaro Cariglio Jr., for appellant.

Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.

Before FERNANDEZ, C.J., and EMAS, and MILLER, JJ.

PER CURIAM.

UPON MOTION TO REVIEW ORDER DENYING POST-TRIAL RELEASE Appellant, Osman Lopez, seeks review of a lower court order denying

his amended motion for post-trial release pending appeal. We have

jurisdiction. See Fla. R. App. P. 9.140(h)(4). As the State properly

concedes, the trial court erred in failing to render written findings supporting

the denial of bail. See Fla. R. Crim. P. 3.691(b); Fla. R. App. P. 9.140(h)(3).

Accordingly, we grant the motion for review and reverse and remand with

instructions for the court to reconsider the amended motion within three days

of the date of this opinion. In doing so, the court shall examine the factors

enunciated in Younghans v State, 90 So. 2d 308, 310 (Fla. 1956), and, in

the event post-trial release is again denied, reduce its reasons to writing.

Reversed and remanded for further proceedings consistent with this

opinion.