ELIAS
v.
STATE
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A trial court must enter a written order setting forth the factual basis and reasons for denying a Rule 3.190(b) motion for post-trial release pending appellate review.
[1] A trial court's denial of a post-trial release motion under Florida Rule of Criminal Procedure 3.190(b) is reversible error if the court fails to enter a written order se…
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Join FLexlaw to unlock all legal intelligence“In denying Elias's motion for post-trial release, the trial court was required to enter a written order setting forth the factual basis on which the court reached its decision and the reasons for its denial.”
Court's statement of the applicable legal standard
Alvaro Elias was convicted and sentenced in Miami-Dade County Circuit Court. The trial court denied his motion for post-trial release pending review o…
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PER CURIAM.
Alvaro Elias seeks review of the trial court's denial of Elias's Florida Rule of
Criminal Procedure 3.190(b) motion for post-trial release pending review of his conviction and sentence. We have jurisdiction. SeeFla. R. App. P. 9.140(h)(4). In denying Elias's motion for post-trial release, the trial court was required to enter a written order setting forth the factual basis on which the court reached its decision and the reasons for its denial. See Fla. R. Crim. P. 3.691 (b); Fla. R. App. P.
9.140(h)(3). The lower court committed reversible error in failing to enter such a written order. See Metayer v. State, 52 So. 3d 691, 692 (Fla. 4th DCA 2010);
Montgomery v. State, 788 So. 2d 274, 275 (Fla. 4th DCA 2000); Buckhalter v. State,
416 So. 2d 862, 862 (Fla. 1st DCA 1982). Accordingly, we grant Elias's motion for review, reverse the denial of Elias's motion for post-trial release, and remand for the lower court to reconsider Elias's motion in accordance with the applicable criminal and appellate rules within three days of the date of this opinion. If the lower court again denies post-trial release, it must make the necessary written findings to support the denial.
Reversed and remanded for further proceedings consistent with this opinion.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Metayer v. State, 52 So. 3d 691 (Fla. 4th DCA 2010)
- Smith v. State, 416 So. 2d 862 (Fla. 1st DCA 1982)
- Montgomery v. State, 788 So. 2d 274 (Fla. 4th DCA 2000)