STATE EX REL. KEEGAN v. SANDSTROM, 276 So.2d 472 (Fla. 1973)

No. 43561.Supreme Court of Florida.
April 16, 1973.

The Petition for Writ of Habeas Corpus is treated as a Petition for Writ of Conflict Certiorari and denied. See Jones v. Wainwright, Fla., 252 So.2d 570 and Johns v. Wainwright, Fla., 253 So.2d 873.

CARLTON, C.J., and ROBERTS, McCAIN and DEKLE, JJ., concur.

ERVIN, J., dissents.

ERVIN, Justice (dissenting):

The sufficiency of an application for bail pending appeal is to be tested by applying the principles laid down in Younghans

Page 473

v. State, Fla., 90 So.2d 308. See Florida Appellate Rule 6.15, 32 F.S.A. Under the facts here presented I believe the petitioner is entitled to bail pending appeal and I would, therefore, treat the Petition for Writ of Habeas Corpus as a Petition for Writ of Conflict Certiorari, issue the Writ and quash the decision below.