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Roberts v. State

District Court of Appeal of Florida, Fourth District
Jul 9, 1992
599 So. 2d 751 (Fla. Dist. Ct. App. 1992)

Opinion

No. 92-0282.

June 3, 1992. Rehearing Denied July 9, 1992.

Petition for review from the Circuit Court, Broward County, Richard D. Eade, J.

Kenneth W. Gieseking of Bruno L. Di Giulian Associates, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee and Melvina Racey Flaherty, Asst. Atty. Gen., West Palm Beach, for appellee.


ON MOTION FOR POST-TRIAL RELEASE


We have for review the trial court's order denying George Roberts post-trial release. We have jurisdiction pursuant to rule 9.140(e)(4), Florida Rules of Appellate Procedure.

The jury convicted Roberts of attempted second degree murder, a second degree felony. See § 777.04(4)(b), Fla. Stat. (1989). The trial court reclassified his crime to a first degree felony pursuant to section 775.087(1)(b), Florida Statutes (1989) and denied his motion for bail pending appeal pursuant to section 903.133, Florida Statutes (1989). Section 903.133 provides:

Notwithstanding the provisions of s. 903.132, no person adjudged guilty of a felony of the first degree for a violation of s. 782.04(2) or (3), s. 787.01, s. 794.011(4), s. 806.01, s. 893.13, or s. 893.135, or adjudged guilty of a violation of s. 794.011(2) or (3), shall be admitted to bail pending review either by posttrial motion or appeal.

We hold that section 903.133 only applies to those crimes specifically listed therein. Since attempted second degree murder, with or without a firearm, does not fall within the list of enumerated crimes, section 903.133 does not apply sub judice.

Therefore, we grant Roberts' motion for review of an order denying post-trial release and direct the trial court on remand to reconsider his motion for bail pending appeal pursuant to rule 3.691(a), Florida Rules of Criminal Procedure.

We find it unnecessary to address Roberts' argument that the trial court erred when it reclassified his crime to a first degree felony pursuant to § 775.087(1)(b).

MOTION GRANTED.

LETTS, HERSEY and DELL, JJ., concur.


Summaries of

Roberts v. State

District Court of Appeal of Florida, Fourth District
Jul 9, 1992
599 So. 2d 751 (Fla. Dist. Ct. App. 1992)
Case details for

Roberts v. State

Case Details

Full title:GEORGE ROBERTS, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Jul 9, 1992

Citations

599 So. 2d 751 (Fla. Dist. Ct. App. 1992)

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