Batie v. State

ON APPELLANT’S MOTION TO REMAND TO SET BOND

Appellant was convicted of sexual battery upon a person less than twelve years *296old by a person 18 years or older, section 794.011(2), Florida Statutes. At a post-trial hearing the trial court refused to consider release during the pendency of the appeal, relying on section 903.133, Florida Statutes. Appellant has moved for “remand” (more properly characterized as a motion for review pursuant to Rule 9.140(e)(4), Florida Rules of Appellate Procedure) with directions to the trial court to hold a hearing on the issue of entitlement to post-trial…