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BEICKE v. BOONE

No. 88-1383.

527 So.2d 273 (1988)

Arnold BEICKE, Petitioner, v. Honorable Eddie BOONE, Sheriff of Leon County, and State of Florida, Respondents.

District Court of Appeal of Florida, First District.

June 14, 1988.

Attorney(s) appearing for the Case

Michael Allen, Public Defender, and Michael J. Minerva, Asst. Public Defender, for petitioner.

Robert Butterworth, Atty. Gen., and Richard E. Doran, Asst. Atty. Gen., for respondents.

PER CURIAM.

Arnold Beicke seeks relief by petition for writ of habeas corpus, alleging that he is illegally restrained due to the trial court's incorrect interpretation of Rule 3.133(b), Florida Rules of Criminal Procedure. Upon careful consideration of the petition and the response, we have determined that the petition has merit and we therefore grant the writ.

On April 23, 1988, Beicke was arrested and charged with aggravated battery as a result of an incident...

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