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STATE EX REL. BALDWIN v. ALSBURY

No. 38458.

223 So.2d 546 (1969)

STATE of Florida ex rel. Charles L. BALDWIN, Petitioner, v. Captain ALSBURY, Officer in Charge of the Dade County Stockade, and Rocky Pomerantz, Chief of Police of Miami Beach, Florida, Respondents.

Supreme Court of Florida.

May 21, 1969.

Attorney(s) appearing for the Case

Elizabeth J. duFresne, Roberta Fox and William D. duFresne, Miami, for petitioner.

Joseph A. Wanick, Miami Beach, for respondents.

BOYD, Justice.

Petitioner in this habeas corpus proceeding was arrested and tried in March 1964 in the Municipal Court of the City of Miami Beach for shoplifting. He was found guilty and sentenced to sixty (60) days' imprisonment. After serving eighteen (18) days of the sentence, petitioner "wrote to the judge who gave him an option of a suspended sentence and an O.T., i.e. out-of-town or informal banishment." On March 31, 1969, petitioner was arrested in Miami Beach...

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