Minouche Baptiste v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2012 MINOUCHE BAPTISTE, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D11-3735 [May 23, 2012] ON MOTION TO REVIEW THE DENIAL OF A MOTION FOR POST-TRIAL RELEASE PER CURIAM. Appellant requests review of the lower court s order denying motion for post-trial release. The order states no reasons for the denial and is, therefore, contrary to Florida Rule of Appellate Procedure 9.140(h)(3) and Florida Rule of Criminal Procedure 3.691(b). The State concedes that the matter must b e remanded to the trial court to reconsider post-trial release and to make the necessary findings, if the lower court again denies bond. See Brown v. State, 82 So. 3d 209, 211-12 (Fla. 4th DCA 2012); Metayer v. State, 52 So. 3d 691, 692 (Fla. 4th DCA 2010); Dumas v. State, 889 So. 2d 139, 140-41 (Fla. 4th DCA 2004). Reversed and Remanded for further proceedings. POLEN, GROSS and LEVINE, JJ., concur. * * * Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Cynthia G. Imperato, Judge; L.T. Case No. 09-22514 CF10A. Hegel Laurent of Laurent Law Office, P.L., Miami, for appellant. Pamela J o Bondi, Attorney General, Tallahassee, a n d Georgina Jimenez-Orosa, Assistant Attorney General, West Palm Beach, for appellee. Not final until disposition of timely filed motion for rehearing. -2-

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