Roberts v. State

ON MOTION FOR POST-TRIAL RELEASE

We have for review the trial court’s order denying George Roberts post-trial release. We have jurisdiction pursuant to rule 9.140(e)(4), Florida Rules of Appellate Procedure.

The jury convicted Roberts of attempted second degree murder, a second degree felony. See § 777.04(4)(b), Fla.Stat. (1989). The trial court reclassified his crime to a first degree felony pursuant to section 775.087(l)(b), Florida Statutes (1989) and denied his motion for bail pending appeal pursuant to section 903.133, Florida Statutes (1989). Section 903.133 provides:

Notwithstanding the…