Opinion
No. 4D04-3027.
September 1, 2004.
Petition for writ of habeas corpus to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Barry E. Goldstein, Judge; L.T. Case No. 96-19226 CF10D.
Michael D. Gelety, Ft. Lauderdale, for petitioner.
No response required for respondent.
The petitioner contends this court should grant relief and permit a trial court the discretion to impose bond pending disposition of a rule 3.850 motion for postconviction relief. We deny relief and emphatically state no such discretion is available to trial courts in this regard.
Neither the rules of criminal or appellate procedure nor the Florida Statutes permit a trial court to exercise any discretion in admitting to bail a person who has had a conviction and sentence affirmed on appeal.
STONE, WARNER and STEVENSON, JJ., concur.