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DOTSON v. STATE

No. 98-1533

764 So.2d 6 (1999)

Benjamin DOTSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

January 6, 1999.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, Benjamin W. Maserang, and Sophia Letts, Assistant Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We grant the motion for review. The trial judge determined that post-trial release was absolutely prohibited under Florida Rule of Criminal Procedure 3.691(a) and section 903.132(1), Florida Statutes (1997), because appellant had previously been convicted of three felonies. However, in this case, appellant was convicted of only two misdemeanors. The trial court therefore had the discretion to grant or deny post-trial release. See Cox v. State, ...

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