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JENRETTE v. WAINWRIGHT

No. 81-2149.

410 So.2d 575 (1982)

Buford Lee JENRETTE, Petitioner, v. Louie L. WAINWRIGHT, As Secretary, Department of Corrections, State of Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 15, 1982.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for petitioner.

Jim Smith, Atty. Gen., and Paul Mendelson, Asst. Atty. Gen., for respondent.

Before SCHWARTZ, BASKIN and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

On January 27, 1982, this court, after hearing argument on the petition for writ of habeas corpus and the State's response, granted the writ and directed the respondent to release forthwith the petitioner from custody.1 We now set forth the reasons for our action.

Jenrette was incarcerated at the Dade Correctional Institute in the custody of the respondent. He claimed that as of October 5, 1981, he was...

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