Childers v. State

ORDER ON EXPEDITED MOTION FOR BOND PENDING APPEAL

Appellant has filed a motion seeking review of the trial court’s denial of his request for bond pending appeal. See Fla. R.App. P. 9.140(h). In the motion, appellant asserts that the trial court abused its discretion by applying the incorrect standard in determining whether to grant post-trial release. We agree and grant appellant’s motion on that basis.

The threshold question presented in a motion for bond pending appeal is whether the appeal is taken in good faith, on grounds fairly debatable, and not frivolous. See Fla. R.Crim. P. 3.691(a);…