McClover v. State

Full title: Toccara McCLOVER, Appellant, v. STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Fourth District.

Date published: Aug 29, 2012

126 So. 3d 1178 (Fla. Dist. Ct. App. 2012)

Opinion

No. 4D12–270.

2012-08-29

Toccara McCLOVER, Appellant, v. STATE of Florida, Appellee.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Gary L. Sweet, Judge; L.T. Case No. 562010CF002314B. Carey Haughwout, Public Defender, and Amy L. Rabinowitz, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Gary L. Sweet, Judge; L.T. Case No. 562010CF002314B.
Carey Haughwout, Public Defender, and Amy L. Rabinowitz, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for appellee.

On Motion for Review of Order Denying Post–Trial Release

PER CURIAM.

We grant review of the trial court's order denying movant Toccara McClover's bond pending appeal of her conviction of felony retail theft. Neither the trial court's order nor the transcript of the June 13, 2012 hearing reflect that the trial court considered the criteria for post-conviction bond set forth in Younghans v. State, 90 So.2d 308 (Fla.1956). SeeFla. R.Crim. P. 3.691(a). The trial court's order denying bond did not “set forth the factual basis on which the decision was made and the reasons therefor.” Fla. R.App. P. 9.140(h)(3). We remand to the trial court for a new bond hearing.

Motion granted and remanded for further proceedings. WARNER, POLEN and TAYLOR, JJ., concur.