SMITH v. STATE

No. JJ-122.

357 So.2d 427 (1978)

Derrick Leverne SMITH and Fred Lee Brown, Petitioners, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, First District.

Rehearing Denied April 4, 1978.


Attorney(s) appearing for the Case

Clinton H. Coulter, Jr. of Duvall & Coulter, Tallahassee, for petitioners.

Robert L. Shevin, Atty. Gen., and Charles Musgrove, Asst. Atty. Gen., Tallahassee, for respondent.


SMITH, Judge.

Petitioners are charged with the life felony of committing a sexual battery by penile-vaginal penetration of a woman aged 25, without her consent, and in the process using or threatening to use a deadly weapon or using actual physical force likely to cause serious personal injury. Sec. 794.011(3), Florida Statutes (1977). The circuit court denied petitioners release on reasonable bail on the ground that the proof of guilt is evident or the presumption...

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