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McKENZIE v. STATE

No. 77-1527.

355 So.2d 434 (1977)

Levi McKENZIE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 27, 1977.

Attorney(s) appearing for the Case

Richard W. Springer of Kohl, Springer & Springer, Palm Springs, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Marsha G. Madorsky and Harry M. Hipler, Asst. Attys. Gen., West Palm Beach, for appellee.

OPINION ON ORDER DENYING BAIL PENDING APPEAL

ALDERMAN, Chief Judge.

Defendant seeks review of an order denying bail pending appeal. The determinative question is whether the trial court, under Fla.R.Crim.P. 3.691(a) (effective July 1, 1977) has any discretion to allow bail pending appeal to a person who has previously been convicted of a felony, the commission of which occurred prior to the commission of the subsequent felony.

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