Jose Luis Melendez v. Dreis and Krump Manufacturing Company

Appellant was convicted by a jury of petit theft, grand theft and "official misconduct" in violation of section 839.25, Florida Statutes.{/Cite} At the sentencing hearing Judge Wells announced he was adjudicating appellant guilty of all three counts. Judge Wells then announced a sentence of probation including, as one of the conditions, a period of incarceration. Although the court set an appeal bond of $5,000.00, the bond was not conditioned on appellant filing a notice of appeal. A probation officer present in the courtroom at sentencing asked the judge, "How does [the appeal bond] affect us so far as doing the paper work and supervising the case?" The judge replied, "You wont supervise pending [the appeal]. The probation will start when the mandate is issued from the appellate court."