MINOUCHE BAPTISTE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
On Motion to Review the Denial of a Motion for Post-Trial Release
Appellant requests review of the lower court’s order denying motion for post-trial release. The order states no reasons for the denial and is, therefore, contrary to Florida Rule of Appellate Procedure 9.140(h)(3) and Florida Rule of Criminal Procedure 3.691(b). The State 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.
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Minouche Baptiste v. State, 134 So. 3d 1025 (Fla. 4th DCA 2012)…ease entered October 26, 2012 and issue this opinion. Previously, we reversed the circuit court’s denial of post-trial release and “remanded to the trial court to reconsider post-trial release and to make the necessary findings.” Baptiste v. State, 87 So. 3d 1260, 1261 (Fla. 4th DCA 2012). On remand, the court denied post-trial release, pointing to the “lengthy five year prison sentence imposed” and “the fact that the Defendant did not articulate any legitimate good faith basis for an appeal.” We again rever…
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Marshall v. State, 91 So. 3d 277 (Fla. 4th DCA 2012)…tconviction relief. The judge concluded that he lacked jurisdiction to entertain the postconviction motion, in light of Marshall’s pending appeal of a prior rule 3.850 motion. We reverse and remand in light of our recent decisions in Lubin v. State, 87 So. 3d 1260 (Fla. 4th DCA 2012), and Jackman v. State, 88 So. 3d 325 (Fla. 4th DCA 2012). As outlined in Lubin, through Jackman we adopted the rationale of Bryant v. State, — So. 3d -, 2012 WL 28713 (Fla. 2d DCA 2012), and held that a trial court has authority…
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Sydoriak v. State, 92 So. 3d 298 (Fla. 4th DCA 2012)…PER CURIAM. The order striking appellant’s postcon-viction motion is reversed and remanded for the trial court to consider this court’s opinion in Jackman v. State, 88 So. 3d 325 (Fla. 4th DCA 2012). See also Lubin v. State, 87 So. 3d 1260 (Fla. 4th DCA 2012). Reversed and Remanded. MAY, C.J., POLEN and DAMOORGIAN, JJ., concur.…
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- Metayer v. State, 52 So. 3d 691 (Fla. 4th DCA 2010)
- Dumas v. State, 889 So. 2d 139 (Fla. 4th DCA 2004)
- Ansen Brown v. State, 82 So. 3d 209 (Fla. 4th DCA 2012)