Florida Rules of Criminal Procedure
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3.820. Habeas Corpus
(a) Custody Pending Appeal of Order of Denial.
When a defendant has been sentenced, and is actually
serving the sentence, and has not appealed from the
judgment or sentence, but seeks a release from imprisonment
by habeas corpus proceedings, and the writ
has been discharged after it has been issued, the custody
of the prisoner shall not be disturbed, pending
review by the appellate court.
(b) Custody Pending Appeal of Order Granting.
Pending review of a decision discharging a prisoner
on habeas corpus, the prisoner shall be discharged on
bail, with sureties to be approved as other bail bonds
are approved for the prisoner’s appearance to answer
and abide by the judgment of the appellate court.
Committee Notes
1968 Adoption. Same as section 922.03, Florida Statutes.
1972 Amendment. Same as prior rule, but some terminology
has been changed.
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