Brown v. State

On Motion to Review Order Denying Post-Trial Release Pending Appeal

Appellant seeks review of the trial court’s order denying him an appeal bond pending review of his conviction, pursuant to Florida Rule of Appellate Procedure 9.140(h)(4). We reverse and remand for further proceedings.

Appellant was convicted of the misdemeanor of aiding an unmarried runaway and sentenced to 364 days in county jail. He moved for release pending appeal. In his motion he asserts that, if this matter is considered in regular course, he will have already served his sentence before the issue regarding bail is…