State v. Gelber

The State of Florida petitions this court for a writ of mandamus pursuant to the granting of bond after a conviction for drug trafficking. We treat the State’s petition as a motion to review bond pending appeal pursuant to rule 9.140(e)(4), Florida Rules of Appellate Procedure. We reverse and remand.

After the denial of a motion to suppress evidence, a criminal defendant agreed to plead nolo contendere to drug trafficking, a violation of section 893.135, Florida Statutes (1989). In exchange for the plea, the defendant was granted bond pending the appeal of the denial of his motion.

The record…