Wise v. State

Joseph Wise seeks review of an order denying his motion for bond pending *508appeal.1 We affirm the order of the trial court.

Wise was convicted of sexual battery upon a child twelve years of age or under. Section 794.011(2), Florida Statutes (1987), continues to categorize this offense as a capital felony, notwithstanding the supreme court’s determination that one convicted of this offense cannot be sentenced to death. Buford v. State, 403 So. 2d 943 (Fla.1981), cert. denied, 454 U.S. 1163, 102 S.Ct. 1037, 71 L.Ed.2d 319 (1982). Persons convicted of capital crimes are ineligible for posttrial…