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STANGHERLIN v. KELLY

No. 82-1040.

419 So.2d 1154 (1982)

Jacqueline Joan STANGHERLIN, Petitioner, v. Melvin KELLY, Sheriff of Hernando County, Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

September 29, 1982.

Attorney(s) appearing for the Case

H. Michael Evans, of Mosley & Evans, P.A., Clearwater, for petitioner.

James Martin Brown and James E. Kelly, Asst. State Attys., Tavares, and C. Michael Barnette, Asst. Atty. Gen., Daytona Beach, for respondent.

SHARP, Judge.

Stangherlin petitioned this court for a Writ of Habeas Corpus to secure her release from the custody of the sheriff of Hernando County, where she is being held without bail following her arrest for conspiracy to commit first-degree murder and first-degree murder. Pursuant to Florida Rule of Criminal Procedure 3.131(b), when Stangherlin was not charged by information or indictment within 21 days from the date of her arrest, she timely moved for an adversary...

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