Opinion
Nos. 98-3248, 98-3315.
January 20, 1999.
Petition for writ of habeas corpus to the Circuit Court of the Fifteenth Judicial Circuit, Palm Beach County; John L. Phillips, Judge; L.T. Case No. 98-3965 CFA02.
Richard L. Jorandby, Public Defender, and Benjamin W. Maserang, Assistant Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellee.
ON MOTION FOR POST-TRIAL RELEASE
Donna R. Chandler filed a petition for writ of habeas corpus seeking review of an order denying her motion for supersedeas bond and stay of sentence pending appeal from her conviction for a second degree misdemeanor. We sua sponte consolidate this case with Chandler's pending appeal, case no. 98-3315, treat the petition as a motion in that pending appeal, see Fla.R.Crim.P. 3.691(c); Fla.R.App.P. 9.140(g)(4); Wise v. State, 528 So.2d 507, 508 n. 1 (Fla. 2d DCA 1988), aff'd, 537 So.2d 994 (Fla. 1989), and grant the motion. The trial court is ordered to grant Appellant's motion for supersedeas bond and stay of sentence pending appeal.
Appellant is to be released on $3,000 bond (an amount the State conceded would be reasonable) and such other terms and conditions as the trial court deems reasonable. See Younghans v. State, 90 So.2d 308 (Fla. 1956); Baker v. State, 213 So.2d 285 (Fla. 4th DCA 1968).
We granted relief by emergency order dated September 23, 1998.
STONE, C.J., STEVENSON and TAYLOR, JJ., concur.