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Degolyer v. Wainwright

District Court of Appeal of Florida, First District
Sep 9, 1975
318 So. 2d 518 (Fla. Dist. Ct. App. 1975)

Opinion

No. Z-293.

September 9, 1975.

Louis O. Frost, Jr., Public Defender, and William P. White, Asst. Public Defender, for petitioner.

Robert L. Shevin, Atty. Gen., for respondent.


By petition for writ of habeas corpus, Degolyer seeks review of the trial court's order denying him bail pending appeal. Petition for writ of habeas corpus is not the proper method to seek review of the trial court's order; the proper method is by motion. Rule 6.15, subd. d., Florida Appellate Rules. We will construe the petition as a motion, and rule on the motion.

On authority of Rolle v. State, 314 So.2d 624 (Fla.App. 1st, 1975), jurisdiction is relinquished to the trial court with directions to comply with the requirements of Rule 3.691, Florida Rules of Criminal Procedure, and if bail pending appeal is denied, to enter the order denying same pursuant to said Rule and within 15 days from the date hereof. The Clerk of the trial court is directed to forthwith forward a certified copy of said order to the Clerk of this Court.

BOYER, C.J., and MILLS and McCORD, JJ., concur.


Summaries of

Degolyer v. Wainwright

District Court of Appeal of Florida, First District
Sep 9, 1975
318 So. 2d 518 (Fla. Dist. Ct. App. 1975)
Case details for

Degolyer v. Wainwright

Case Details

Full title:JIMMIE EDDIE DEGOLYER, PETITIONER (DEFENDANT), v. LOUIE L. WAINWRIGHT…

Court:District Court of Appeal of Florida, First District

Date published: Sep 9, 1975

Citations

318 So. 2d 518 (Fla. Dist. Ct. App. 1975)

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