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Lopez v. State

District Court of Appeal of Florida, Third District.
Nov 30, 2022
352 So. 3d 451 (Fla. Dist. Ct. App. 2022)

Opinion

No. 3D22-1837.

11-30-2022

Osman LOPEZ, Appellant, v. The STATE of Florida, Appellee.

Gennaro Cariglio Jr. , for appellant. Ashley Moody , Attorney General, and Sandra Lipman , Assistant Attorney General, for appellee. Before FERNANDEZ, C.J., and EMAS, and MILLER, JJ.


Gennaro Cariglio Jr. , for appellant.

Ashley Moody , Attorney General, and Sandra Lipman , Assistant Attorney General, for appellee.

Before FERNANDEZ, C.J., and EMAS, and MILLER, JJ.

UPON MOTION TO REVIEW ORDER DENYING POST-TRIAL RELEASE

PER CURIAM.

Appellant, Osman Lopez, seeks review of a lower court order denying his amended motion for post-trial release pending appeal. We have jurisdiction. See Fla. R. App. P. 9.140(h)(4). As the State properly concedes, the trial court erred in failing to render written findings supporting the denial of bail. See Fla. R. Crim. P. 3.691(b); Fla. R. App. P. 9.140(h)(3). Accordingly, we grant the motion for review and reverse and remand with instructions for the court to reconsider the amended motion within three days of the date of this opinion. In doing so, the court shall examine the factors enunciated in Younghans v State, 90 So.2d 308, 310 (Fla. 1956), and, in the event post-trial release is again denied, reduce its reasons to writing.

Reversed and remanded for further proceedings consistent with this opinion.


Summaries of

Lopez v. State

District Court of Appeal of Florida, Third District.
Nov 30, 2022
352 So. 3d 451 (Fla. Dist. Ct. App. 2022)
Case details for

Lopez v. State

Case Details

Full title:Osman LOPEZ, Appellant, v. The STATE of Florida, Appellee.

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

Date published: Nov 30, 2022

Citations

352 So. 3d 451 (Fla. Dist. Ct. App. 2022)