JOSEPH L. WISE, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
JOSEPH L. WISE, PETITIONER,
STATE OF FLORIDA, RESPONDENT
537 So. 2d 994
Florida Supreme Court (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
This case, Wise v. State, 528 So. 2d 507 (Fla. 2d DCA 1988), presents the same question as Batie v. State, 521 So. 2d 295 (Fla. 1st DCA 1988), i.e., whether persons convicted of capital crimes are ineligible for posttrial release. We recently approved Batie, Batie v. State, 534 So. 2d 694 (Fla.1988), and held that convictions of capital crimes preclude posttrial release. We therefore approve Wise.
It is so ordered.
EHRLICH, C.J., and OVERTON, MCDONALD, SHAW, GRIMES and KOGAN, JJ., concur. BARKETT, J., dissents with an opinion.
Dissent
BARKETT, Judge,
dissenting.
I dissent for the reasons expressed in my dissent to Batie v. State, 534 So. 2d 694 (Fla.1988) (Barkett, J., dissenting).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Chandler v. State, 722 So. 2d 983 (Fla. 4th DCA 1999)…nsolidate this case with Chandler’s pending appeal, case no. 98-3315, treat the petition as a motion in that pending appeal, see Fla. R.Crim. P. 3.691(c); Fla. R.App. P. 9.140(g)(4); Wise v. State, 528 So. 2d 507, 508 n. 1 (Fla. 2d DCA 1988), aff'd, 537 So. 2d 994 (Fla.1989), and grant the motion. The trial court is ordered to grant Appellant’s motion for supersedeas bond and stay of sentence pending appeal. Appellant is to be released on $3,000 bond (an amount the State conceded would be reasonable) and su…
Authorities Cited
- Batie v. State, 534 So. 2d 694 (Fla. 1988)
- Batie v. State, 521 So. 2d 295 (Fla. 1st DCA 1988)
- Wise v. State, 528 So. 2d 507 (Fla. 2d DCA 1988)