WILBERT METAYER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2010-08-04
No. 4D09-3651
GROSS, C.J., POLEN and CIKLIN, JJ., concur.
52 So. 3d 691 Florida District Court of Appeal, Fourth District (2010) Caution
Cited by 6 cases


Opinion of the Court
PER CURIAM.

ON MOTION TO REVIEW DENIAL OF BOND PENDING APPEAL

PER CURIAM.

Appellant, through counsel, requests review of the lower court’s order denying motion for bond pending appeal. The or*692der states no reasons for the denial and is, therefore, contrary to Florida Rule of Appellate Procedure 9.140(h)(8) and Florida Rule of Criminal Procedure 3.691(b); see also Dumas v. State, 889 So.2d 189 (Fla. 4th DCA 2004) (holding that trial court’s failure to make written findings upon denying defendant’s bond request required reversal). We ordered a response from the State within fifteen days, and the State has failed to respond within that time. Accordingly, we reverse and remand for reconsideration of appellant’s motion for an appeal bond. If the lower court again denies bond, it must make the findings necessary to support the denial.

Reversed and remanded for further proceedings.

GROSS, C.J., POLEN and CIKLIN, JJ., concur.


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Citator

Cited By

  • Minouche Baptiste v. State, 87 So. 3d 1260 (Fla. 4th DCA 2012)
    …concedes that the matter must be remanded to the trial court to reconsider post-trial release and to make the necessary findings, if the lower court again denies bond. See Brown v. State, 82 So. 3d 209, 211-12 (Fla. 4th DCA 2012); Metayer v. State, 52 So. 3d 691, 692 (Fla. 4th DCA 2010); Dumas v. State, 889 So. 2d 139, 140-41 (Fla. 4th DCA 2004). Reversed and Remanded for further proceedings. POLEN, GROSS and LEVINE, JJ., concur.…
  • Elias v. State, 257 So. 3d 1248 (Fla. 1st DCA 2018)
  • Elias v. State, 257 So. 3d 1248 (Fla. 3d DCA 2018)

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