Florida District Courts of Appeal, 1999

Dotson v. State

Dotson v. State
Florida District Courts of Appeal · Decided January 6, 1999 · Dell, Gross, Klein
764 So. 2d 6; 1999 Fla. App. LEXIS 109; 1999 WL 2694 (Southern Reporter, Second Series)

Dotson v. State

Opinion of the Court

PER CURIAM.

We grant the motion for review. The trial judge determined that post-trial release was absolutely prohibited under Florida Rule of Criminal Procedure 3.691(a) and section 903.132(1), Florida Statutes (1997), because appellant had previously been convicted of three felonies. However, in this case, appellant was convicted of only two misdemeanors. The trial court therefore had the discretion to grant or deny post-trial release. See Cox v. State, 416 So.2d 511 (Fla. 5th DCA 1982). We remand to the trial court to conduct another bond hearing applying the principles enunciated in Younghans v. State, 90 So.2d 308 (Fla. 1956).

DELL, KLEIN and GROSS, JJ., concur.

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