McKenzie v. State

OPINION ON ORDER DENYING BAIL PENDING APPEAL

ALDERMAN, Chief Judge.

Defendant seeks review of an order denying bail pending appeal. The determinative question is whether the trial court, under Fla.R.Crim.P. 3.691(a) (effective July 1, 1977) has any discretion to allow bail pending appeal to a person who has .previously been convicted of a felony, the commission of which occurred prior to the commission of the subsequent felony.

The relevant portion of the current rule 3.691(a) provides that “in no case shall bail be granted if such person has previously been convicted of a felony.” This differs…