Boles v. State

ON MOTION TO SET BAIL PENDING APPEAL

ORFINGER, Judge.

Appellant asks this court to review an order of the trial court denying bail following conviction, and pending appeal. Rule 9.140(e)(4), Fla.R.App.P.

Appellant was convicted by a jury of selling a controlled substance and after motion for a new trial was denied, was sentenced to imprisonment for five years. He immediately filed a notice of appeal and asked for bail pending the appeal, pursuant to Rule 3.691, Florida Rules of Criminal Procedure. He alleged in his motion before the trial court that the appeal was not frivolous and was not taken…