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Florida District Courts of Appeal, 1984

State v. Toledo

State v. Toledo
Florida District Courts of Appeal · Decided December 11, 1984 · Nesbitt, Pearson, Schwartz
459 So. 2d 1179; 9 Fla. L. Weekly 2631; 1984 Fla. App. LEXIS 16621 (Southern Reporter, Second Series)

State v. Toledo

Opinion of the Court

PER CURIAM.

The state seeks certiorari review of an order setting a supersedeas bond pending the defendant’s appeal of the denial of his motion for post-conviction relief under Fla. R.Crim.P. 3.850. Since, as we squarely held in State v. Matrascia, 377 So.2d 997 (Fla. 3d DCA 1979), the trial court has no authority to grant such relief, the petition is granted and the order is quashed.1

. No motion for rehearing will be entertained.

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