5D03-3706 Patricia Hirsch v. State

State: Florida

Court: Florida Fifth District Court

Docket No: 5D03-3706

Case Date: 12/01/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JULY TERM 2003

PATRICIA LANGFORD HIRSCH, Petitioner, v. STATE OF FLORIDA, Respondent. ________________________________/ Opinion filed December 5, 2003 Petition for Writ of Habeas Corpus, A Case of Original Jurisdiction. Daniel S. Ciener, Esq. and David J. Romett, Esq., of the Law Firm of Daniel S. Ciener, Merritt Island, for Petitioner. No Appearance for Respondent. GRIFFIN, J. Petitioner, Patricia Langford Hirsch, seeks a writ of habeas corpus to obtain her release from jail, alleging that the trial court was without jurisdiction to revoke her post-trial CASE NO. 5D03-3706

supersedeas appellate bond before this court had issued its mandate in her appeal. First, as set forth in Florida Rule of Appellate Procedure 9.140(h)(4), orders relating to post-trial release are reviewed by the court by motion, not by a petition for writ of habeas corpus. Second, contrary to petitioner's argument, Florida Rule

of Appellate Procedure 9.600(d), as amended in 1996, expressly provides that in criminal cases, the lower tribunal retains jurisdiction to consider matters relating to post-trial release under rule 9.140(h). Therefore, the petition for writ of habeas

corpus is construed as a motion to review the order revoking post-trial supersedeas bond and is denied. PETITION CONSTRUED AS MOTION AND DENIED.

PALMER and MONACO, JJ., concur.

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