PATRICIA LANGFORD HIRSCH, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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GRIFFIN, J.
Petitioner, Patricia Langford Hirsch, seeks a writ of habeas corpus to obtain her release from jail, alleging that the trial court was without jurisdiction to revoke her post-trial 'supersedeas appellate bond before this court had issued its mandate in her appeal.
First, as set forth in Florida Rule of Appellate Procedure 9.140(h)(4), orders relating to post-trial release are reviewed by the court by motion, not by a petition for writ of habeas corpus. Second, contrary to petitioner’s argument, Florida Rule of Appellate Procedure 9.600(d), as amended in 1996, expressly provides that in criminal cases, the lower tribunal retains jurisdiction to consider matters relating to post-trial release under rule 9.140(h). Therefore, the petition for writ of habeas corpus is construed as a motion to review the order revoking post-trial supersedeas bond and is denied.
PETITION CONSTRUED AS MOTION AND DENIED.
PALMER and MONACO, JJ., concur.
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Vantice Lee Beshears, Jr. v. State, 207 So. 3d 928 (Fla. 5th DCA 2016)…enial of his motion for post-trial release. We note that, pursuant 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,…