Newberry v. State

ON MOTION FOR POST-TRIAL RELEASE

Appellant’s motion for post-trial release filed herein pursuant to Florida Rules of Criminal Procedure, 3.691, 33 F. S.A., is denied on authority of State ex rel. Loper v. Stack, 291 So.2d 207 (Fla.App.1974), holding that representations made by counsel are not evidence which can be considered by a court on application for bail pending appeal. We recognize that the rule of procedure cited by appellant contains language to the effect that either the trial court or appellate court may set bail pending appeal in appropriate cases. However, that provision of the…