RULE 3.820. HABEAS CORPUS
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RULE 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
PDF page 331prisoner 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.