Torolopez v. State
On a second emergency motion under Rule 3.691, the Third DCA again reversed the trial court's denial of supersedeas bond pending appeal, finding the same infirmities that plagued the first denial. The court held that the trial court's findings on the defendant's 'habits regarding respect for the law' and 'local attachments to the community' were unsupported by the record and misapplied the governing legal standard, and remanded with instructions to set an appropriate bond within seven days.
Key facts
- Defendant Torolopez filed a second emergency motion under Rule 3.691 for a supersedeas bond pending appeal after the trial court denied the initial motion.
- The trial court denied the supersedeas bond based on findings that the defendant lacked respect for the law and had insufficient local community attachments.
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Why it matters
This opinion gives criminal defense practitioners a citable clarification that the 'local community ties' factor under Younghans is not limited to the county of conviction but extends to ties anywhere within Florida… — full analysis with a trial
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