PAYRET v. ADAMS

No. 85-932.

471 So.2d 218 (1985)

Manuel PAYRET, Petitioner, v. Honorable Don T. ADAMS, Judge, 15TH Judicial Circuit, and Richard Wille, Sheriff of Palm Beach County, Respondents.

District Court of Appeal of Florida, Fourth District.

June 26, 1985.


Attorney(s) appearing for the Case

Nancy McClintic of Nelson E. Bailey, P.A., West Palm Beach, and Dorothy M. Walker of Law Offices of Walker & Vetrick, Belle Glade, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Robert L. Teitler, Asst. Atty. Gen., West Palm Beach, for respondents.

David Bludworth, State Atty., West Palm Beach, and Richard A. Barlow, Asst. State Atty., Belle Glade, amicus curiae.

Richard L. Jorandby, Public Defender, and Tatjana Ostapoff, Asst. Public Defender, West Palm Beach, amicus curiae.


HURLEY, Judge.

Petitioner, a prisoner unable to post pretrial bond, seeks a writ of habeas corpus pursuant to a provision in a local administrative order which indicates that he is entitled to personal recognizance release. We conclude that the provision conflicts with a rule of criminal procedure and, consequently, we invalidate the conflicting provision and deny the writ.

Petitioner was arrested on March 26, 1985, for conspiring to traffic in cocaine in...

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