GARY SPROULE, PETITIONER,
v.
CHARLES MCCUTCHEON, SHERIFF OF PALM BEACH COUNTY, RESPONDENT
GARY SPROULE, PETITIONER,
CHARLES MCCUTCHEON, SHERIFF OF PALM BEACH COUNTY, RESPONDENT
687 So. 2d 77
Florida District Court of Appeal, Fourth District (1997)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We grant the petition for writ of habeas corpus and order that an adversarial probable cause hearing be held on L.T. case no. 96-11537 within a reasonable time. The filing of an information twenty-nine (29) days after the petitioner’s arrest did not meet the requirements of the rule. Fla. R.Crim. P. 3.133(a)(1) & (b)(1); see also Bannister v. Hendry, 625 So. 2d 1244, 1245 (Fla. 4th DCA), rev. denied, 630 So. 2d 1098 (Fla.1993).
GLICKSTEIN, KLEIN and STEVENSON, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Lerandros L. Smith v. State, 126 So. 3d 397 (Fla. 4th DCA 2013)…made no difference. Barrs v. State, 883 So. 2d 846, 846 (Fla. 1st DCA 2004), rev. denied, 892 So. 2d 1011 (Fla.2004); Ferguson v. State, 677 So. 2d 968, 969 (Fla. 3d DCA 1996). This court later followed Ferguson in a citation opinion. Reed v. State, 687 So. 2d 77 (Fla. 4th DCA 1997). We continue to agree with Ferguson and Bam that the elimination of basic gain time for all offenders nullified Ashley’s requirement to advise offenders that habitualization may affect the possibility of early release. When the…
Authorities Cited
- Bannister v. The Honorable William L. Hendry, 625 So. 2d 1244 (Fla. 4th DCA 1993)