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NEWBERRY v. STATE

No. V-279.

296 So.2d 586 (1974)

George Herman NEWBERRY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 2, 1974.

Attorney(s) appearing for the Case

Richard W. Ervin, III, Public Defender, and David J. Busch, Asst. Public Defender, for appellant.

Robert L. Shevin, Atty. Gen., and Andrew W. Lindsey, Asst. Atty. Gen., for appellee.

ON MOTION FOR POST-TRIAL RELEASE

PER CURIAM.

Appellant's motion for post-trial release filed herein pursuant to Florida Rules of Criminal Procedure, 3.691, 33 F.S.A., is denied on authority of State ex rel. Loper v. Stack, 291 So.2d 207 (Fla.App. 1974), holding that representations made by counsel are not evidence which can be considered by a court on application for bail pending appeal. We recognize that the rule of procedure...

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