JIMMIE EDDIE DEGOLYER, PETITIONER (DEFENDANT),
v.
LOUIE L. WAINWRIGHT, DIRECTOR, DIVISION OF CORRECTIONS, RESPONDENT
Explore caselaw by topic → Browse Bail Pending Appeal cases and more on FLexlaw
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 to 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Vantice Lee Beshears, Jr. v. State, 207 So. 3d 928 (Fla. 5th DCA 2016)…ursuant to Florida Rule of Appellate Procedure 9.140(h), appeals concerning post-trial release must be raised by a motion in this court, not as a petition for habeas relief. Hirsch v. State, 864 So. 2d 41 (Fla. 5th DCA 2003); DeGolyer v. Wainwright, 318 So. 2d 518, 519 (Fla. 1st DCA 1975). Accordingly, we construe the petition as a motion and deny it without further discussion. PETITION CONSTRUED as MOTION and DENIED. SAWAYA, EVANDER and WALLIS, JJ., concur.…
Authorities Cited
- Rolle v. State, 314 So. 2d 624 (Fla. 1st DCA 1975)